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Law Guardian or Guardian Ad Litem?

A law guardian is an attorney who is appointed to ensure that the best interests of the child, who is the subject of the litigation, are served, while the guardian <i>ad litem</i> is a person appointed to protect the rights and interests of a party to the action, who is under a disability. For many years, the appointment of a law guardian has been mandatory in certain Family Court proceedings, such as juvenile delinquency, PINS (Persons in Need of Supervision) and child protective proceedings. See FCA 249(a). Every once in a while we read a decision in which the Supreme Court has appointed a guardian ad litem for a child in a custody case. Such appointments are unusual, since the rights and obligations of the guardian <i>ad litem</i> differ from those of a law guardian. What are the differences, and when is appointment of one or the other appropriate?

34 minute read March 30, 2005 at 11:41 AM
By
Joel R. Brandes and Bari Brandes Corbin
Law Guardian or Guardian Ad Litem?

Every once in a while we read a decision in which the Supreme Court has appointed a guardian ad litem for a child in a custody case. Such appointments are unusual, since the rights and obligations of the guardian ad litem differ from those of a law guardian.

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