Representation of Children
The court has the authority to appoint legal counsel to represent the interests of minor children. Such an appointment is usually made when there are custody issues or other serious matters concerning the welfare of children. There are two types of representation of children: guardian ad litem and attorney for minor children.
Guardian Ad Litem
Ad litem refers to a party appointed by a court to act in litigation on behalf of another party who is incapable of representing him or herself or needs special protection, such as a child in a divorce case. In divorce matters, this individual is generally an attorney and is referred to as the guardian ad litem.
In divorce cases, guardians ad litem are responsible not only for looking out for the personal well-being of their wards, but also their financial interests. Their sole purpose in a family matter is to make sure that children are protected during the divorce process.
Attorney for Minor Child(ren)
The attorney appointed for a minor child is intended to honor the preference articulated by a child that is old enough to express one, whereas a guardian ad litem may advocate contrary to the child's expressed wishes so long as it is in the child's best interest. When the court appoints both an attorney for a minor child and a guardian ad litem, the attorney for a minor child may advocate a position opposing the guardian ad litem.