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Dawn Cardi
Attorney & Law Guardian



Protecting the Children in a Divorce: Law Guardians and Guardians Ad Litem

In a litigious divorce, if you can't reach an agreement with your spouse over child custody, the court will appoint legal representation for the minor(s). This advocate could be either a law guardian or a guardian ad litem, depending on whether your kids are old enough to express a viewpoint or need an attorney who will make recommendations on their behalf. In a two-part series, matrimonial attorney and law guardian Dawn Cardi sheds light on the guardian's role and how guardians work to assess the best interests of the children. Watch Part 1 for an overview of why and how a guardian comes into play in a divorce. Then, continue to Part 2 to hear real examples of best-case and worst-case scenarios and to get tips on how to avoid dragging your kids into your divorce.

Ms. Cardi is a graduate of Fordham University, Columbia University and the Pace University Law School. She was admitted to the bar in 1980 and is currently a member of the New York City Bar Association's Children and the Law Committee and the New York State Bar Association's Family Law Committee.


Part 1

Watch the complete video (7m 46s)

Video Segments:

What is a "Law Guardian" or "Guardian Ad Litem" and what role does each play as an advocate for children in divorce?
Watch
What are some variations of these advocate terms from state to state?
Watch
Do the parents ever choose to have a guardian brought in or are they usually ordered to do so by the court?
Watch
How can a divorcing couple avoid having the court appoint a guardian for the children?
Watch
How much leeway will the judge give a couple to reach an agreement before appointing a guardian for the children?
Watch
What can parents expect to pay for a law guardian?
Watch
Do you see parents using this as a strong-arm tactic? "If you won't do 'X', I'm asking for a guardian for the kids!"
Watch
Are there situations where the parents mutually agree to bring in a guardian or is it usually the result of a court order?
Watch

Part 2

Watch the complete video (13m 10s)

Video Segments:

What, if any, is a law guardian/guardian ad litem's relationship with the parents and the parents' attorney? Watch
Could you give an example, from your own practice, of a best-case scenario when working with a guardian? Watch
What's an example of a worst-case scenario when working with a guardian? Watch
How does the guardian determine the children's best interests? Watch
What are some common mistakes parents make that will result in needing a guardian for the children? Watch
What is the worst mistake parents can make with regard to their children during a divorce? Watch
In the interest of avoiding the need for an appointed guardian, what are some ways parents can be proactive about determining their child's needs and desires? Watch
 
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