Legal Question in Family Law in New York

Law Guardian NY

Does a law guardian represent the child or do they make recommendations. I was under the impression they're job was to represent clients not make recommendations as to where children are to live in divorce cases.


Asked on 3/04/08, 3:33 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Law Guardian NY

The role of the Law Guardian is a flexible one.

1. The Law Guardian represents the child directly and not either parent, the Courts, or Child Services.

2. Just like the lawyers for the parents do, the Law Guardian asks the Court for orders and decisions favorable for his/her client (the child). That means the LG does make recommendations to the Court.

But then, your lawyer makes recommendations also. The difference is that the LG is given greater credibility by the decision-maker than a lawyer representing a parent.

My advice is to be very solicitous and very friendly to the LG. Outright bribes are discouraged, but invite the LG to a family dinner with you and the child. Do everything and anything to expose the LG to you interacting constructively with your child.

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Answered on 3/04/08, 4:02 pm


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