The Role Of The Law Guardian In A Custody Case Involving Domestic Violence

A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York.

This article outlines the statutes, cases and rules governing law guardians in New York and discusses how Chapter 85 affects the law guardian's role.