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What is the difference between retaining a law guardian to represent my child during a custody case and having one appointed.

New York, NY |

Do I have the option of choosing my own law guardian for my child?? and if this option is not extended what I can i do.?

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Attorney answers 2

Best Answer

Usually, neither parent is given a choice with regard to who will serve as attorney for the child in a custody dispute between the parents. In other custody cases, it may be possible for a parent to choose an attorney for the child and/or if both parents agree upon a choice of attorney for the child the court may consider their wishes. In any case, the choice must be made from among the attorneys who are already part of a pre-qualified group from which such appointments are typically made. That said, the parent certainly can choose their own attorney and this choice should be made before considering any of the other choices pertaining to the custody matter. You can find attorney contact by searching among the profiles here on AVVO. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


A law guardian in a custody case is almost always appointed by the court.

The reason for this is that a law guardian is supposed to be representing the best interests and wishes of the child. If the attorney was selected by you in a custody dispute there would be a question as to how impartial the attorney was in reflecting the desires of the child.

If there was an option for a parent to retain a law guardian to represent their child in a custody dispute, then what would happen if both parents retained different law guardians? As you can see, it could lead to even further dispute in an already sensitive matter.

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