Law Guardian Law and Legal Definition

A law guardian is an attorney for a child who often require the assistance of a counsel to help protect his/her interests and to help them express their wishes to the court. Usually, law guardians are appointed by the Court in custody and visitation disputes to serve as the child's advocate. The guardian represents the child's interests. The person chosen to act as the law guardian is usually a lawyer who is experienced in custody matters. At a trial, the law guardian has the right to call witnesses and to cross-examine them on behalf of the child. The law guardian’s role is to assure that the Court hears an unbiased view of what is in the child's best interest, a view not colored by either parent promoting his or her own agenda.

The following is an example of a State Statute (New York) on Law Guardian:

In New York, according to NY CLS Family Ct Act § 241, minors who are the subject of family court proceedings or appeals in proceedings originating in the family court should be represented by counsel of their own choosing or by law guardians.

N.J. Stat. § 9:6-8.21 defines law guardian as an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under this act to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.