Guardian Ad Litem


#1

All custody cases do not have guardian ad litems because they are not generally needed in a situation where the parents are disputing custody, but there is no safety risk for the children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
(919) 321.0780

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I have been investigating the constitutionality of the family law in NC (see my other posts on Jurisdiction). I have been told that while I need to raise the constitutional question in the district court along with each of my other arguments which are critical to my case that I will lose in district court, and even if I should win, the other attorney would appeal. The law does not change unless a higher court rules against it.

Therefore, I have been advised to appoint a guardian ad litem for my children who agrees with my position. My attorney argues for my rights; the guardian ad litem argues for the rights of the children.
Why do not all custody cases have a guardian ad litem? How do I find one who agrees with my position?