Understanding the role of a law guardian in a divorce A law guardian or "lawyer-guardian ad litem" is not to be confused with a guardian ad litem,

or a child advocate attorney. The three roles are often confused mainly because all or one are at times used during custody disputes resulting from divorce. The following is a brief description of each and what role they play in determining custody during a divorce proceeding: A guardian ad litem is N T re!uired to be a lawyer, they are often used by the court to provide their findings and e"pert opinion so that the courts ruling best serves the child#s interest during a custody dispute. All reports made by a guardian ad litem are sub$ect to discovery of all parties involved in litigation. This person is often an e"pert in behavioral science and other professions relevant to the study of custody disputes. The $udge will consider the guardian ad litem#s recommendations when resolving a custody dispute. The above role has been commonly used in divorce court when the $udge decides custody. They represent the court and are appointed by the court much the way a probation officer is in a criminal matter. They are e"perts in the field, but they do not have to %now the law or be lawyers for their opinions and recommendations to be considered by the $udge. &aw guardians are lawyers appointed to children who#s parents contest a custody ruling or custody case. They represent the child and safeguard the child#s best interest. They are their to focus attention on what the child wants, needs, and the best interests of the child. 'f during a proceeding, the court determines that the child#s best interests are inade!uately represented, the court may appoint a lawyer-guardian ad litem (law guardian) to represent the child. A law guardian#s powers and duties include at least all of the following: *The obligation of attorney-client privilege.+ (,hich means his findings and conversations with his client are not sub$ect to discovery law. As the findings and reports of the non-lawyer guardian ad litem#s are.) *To serve as an independent representative for the child#s best interests and be entitled to full and active participation in all aspects of the litigation and access to all relevant information regarding the child.+ *To determine the facts of the case by conducting an independent investigation including but not limited to, interviewing the child, social wor%ers, family members, and others as necessary, and reviewing relevant reports and other information.+ The above duties are !uoted from -ichigan law. -ichigan and .alifornia often set the legal precedence for the rest of the country especially in civil and family court.

'n some cases a child advocate attorney might also be appointed to represent the child. .hild advocate attorney#s are more often brought in to represent a mature child who disagrees with his law guardian#s recommendations. /or e"ample, if a 01 year old wanted to live with his or her mother after his parents divorce but the law guardian appointed to him by the $udge believed that the fathers home was better suited for the child, the child#s maturity and level of understanding would have to be considered in determining if the child#s desire to live with the mother and a $udge will appoint a child advocate attorney to represent the child in his desire to go against the recommendations of he law guardian. &egally, the understanding of law guardian is important and should not be confused mainly because to be a law guardian you must be an accredited lawyer. This is why in order to show the role of a law guardian its important to show the roles of those who closely wor% with law guardians to ma%e it clear the e"act role they play during the divorce proceedings. 23/323N.3: -ichigan 4tate &aw http:55www.rhoadesmc%ee.com5assets5files5articles5ct 6gallgalca.pd