Looking for Rights in All the Wrong Places: Resolving Custody Disputes in Divorce Proceedings

Eleven-year-old Shane P. left the office of his court-appointed law guardian in tears. Already upset by the escalating custody battle between his divorcing parents, Shane told his father that he wanted to "get rid of" his law guardian and subsequently sent her a letter notifying her that she was fired. Influenced, in part, by the case of Gregory K., Shane then retained the services of another attorney with funds provided by his father. Although the trial judge initially ruled that only the court could dismiss the law guardian who had been appointed to represent Shane's best interests, the judge subsequently permitted Shane to retain his own counsel.

According to the trial judge, a child has the right to independent counsel in a divorce custody proceeding and may ask a court to replace court-appointed counsel with an attorney of his own choosing under certain circumstances.