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. |
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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? |
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What are some variations of these advocate terms from state to state? |
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Do the parents ever choose to have a guardian brought in or are they usually ordered to do so by the court? |
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How can a divorcing couple avoid having the court appoint a guardian for the children? |
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How much leeway will the judge give a couple to reach an agreement before appointing a guardian for the children? |
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What can parents expect to pay for a law guardian? |
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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!" |
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Are there situations where the parents mutually agree to bring in a guardian or is it usually the result of a court order? |
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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? |
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| Could you give an example, from your own practice, of a best-case scenario when working with a guardian? |
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| What's an example of a worst-case scenario when working with a guardian? |
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| How does the guardian determine the children's best interests? |
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| What are some common mistakes parents make that will result in needing a guardian for the children? |
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| What is the worst mistake parents can make with regard to their children during a divorce? |
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| 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? |
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