Brian D. Perskin & Associates

Law Guardians in Child Custody Cases

Child custody actions involve the whole family, not just parents. In New York custody cases, a child will be appointed a law guardian, who will advocate on their behalf. Besides representing children, what is the law guardian’s role in divorce and custody disputes?

An Advocate for Your Child

A law guardian is your child’s attorney for the duration of your divorce or custody case. Their primary role is to advocate for your child’s best interest. A lot of family law cases become battles between parents, and a law guardian helps to ensure that the needs of the child don’t get lost in the shuffle.

The law guardian is allowed to communicate with you and your spouse during your case. Because of this, it is easy to forget that the law guardian is your child’s attorney, not yours. They may sometimes act as a buffer between you and your spouse, but they are not an intermediary. Always hire your own lawyer.

The Law Guardian in Court

Law guardians give a voice to the voiceless in court. Their job is to help guarantee that the court issues a custody agreement that is truly in your child’s best interest. They do this by arguing their case during your trial. The law guardian presents evidence, and questions and cross-examines witnesses, much like your attorney will do.

The idea of your child having to meet with an attorney, appear in court, and endure a legal action, is daunting. But you must remember that the law guardian has your child’s best interest in mind. They want to make sure that the best custody arrangement can be made.

Working with the Law Guardian

You and your ex will need to work with your child’s attorney throughout your case. In order for the law guardian to perform their job correctly, they will need to interview you. These interviews will help them figure out what custody arrangement is in your child’s best interest.

It is the law guardian’s job to protect your child during a divorce or custody case, not you. This is why it is crucial that you put your best foot forward whenever you interact with the law guardian. As tough as your case may be, you should remain rational and cooperative. Failing to do so can make a bad impression on the law guardian, and they may not believe that you are the best person to have primary custody of your child.

Your Attorney Can Help

Your own attorney is just as important to your action as the law guardian. The best way to guarantee a great result in your divorce or child custody case is to hire a family law attorney. In addition to representing you throughout your case, your lawyer will prepare you to speak with your child’s attorney.

Your family’s future is in the hands of the court system during divorce and custody actions, so representing yourself is not recommended. Always seek the help and guidance of an experienced attorney. The team at Brian D. Perskin & Associates P.C. have helped thousands of New Yorkers through their divorce or family court matters. For more information, or to schedule a free consultation, call 718-875-7584 today!