The Law Guardian is Not Communicating With the Child
Like any attorney, the Law Guardian must be able to communicate with the child to present the child's position as the client to the Court. If there is no communication or the child is resistant to the Law Guardian, then you as the Parent should inform the court by motion or otherwise that there is an irretrievable breakdown in communications mandating a new Law Guardian. The point is that if the attorney and the child client cannot communicate then there cannot be effective representation of the child before the Court. Not all Law Guardians are personable with children and a new Law Guardian may be better suited to communicate with the child. Worse, when there is not effective communication then the Law Guardian seemingly would impose their own position which may not be the child's position. Remember, it is always about the best interests of the child, not what the Law Guardian wants.
The Law Guardian is Not Reporting the Facts
One global ethics rule is that if there is no communication between the client and the attorney then the attorney should withdraw because it is impossible to claim your representing someone when they will not communicate with you and vice versa. It is as impossible to present the child's position if you are not communicating with the child. Remaining on the case will lead the Law Guardian to fictionalize facts and inject their own position because clearly the he or she is not talking with the child. The best interests of the child will not be represented that way. Particulalry, the Law Guardian can misrepresent to the Court whom the child should live with when the child actually has a contrary position. Children are not resiliant in distressing divorce and custody battles. They suffer emotional consequences and need proper representation, not misrepresentation.
Additional resources provided by the author
For more information and actual motions successfully removing Law Guardians and the attorney for the child, see www.appellate-brief.com
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.