What is the difference between a guardian ad litem (GAL)?and an attorney for a minor child (AMC) in Connecticut?
For starters, a GAL is not required to be an attorney though many GALs are lawyers.? An AMC must be an attorney licensed to practice law in Connecticut.
The biggest distinction is that the?AMC is an advocate for the child's stated position while the GAL is a representative of the child's best interests.
The child is the AMC's client.??It is a typical?attorney-client relationship with all the trimmings including the attorney-client privilege.? Essentially, their role is to follow the requests of the child and attempt to accomplish those stated objectives.? Therefore, the AMC?is able to file motions, make legal arguments and examine witnesses just as a?parent's lawyer would.??An AMC cannot be a witness.
The child is?the GAL's ward.??The communications are not privileged.? While the preferences of the child may be considered by the GAL, they are not determinative on a particular issue.? The GAL conducts an investigation and makes a recommendation to the judge on custody or visitation.? If the case proceeds to trial, the GAL will testify.
The judge will take into account the age and maturity of the child when deciding whether to appoint an AMC versus a GAL.? Some judges believe that a child 14 and older should be appointed an AMC but it's not an automatic.
Effective 2012,?a judge can only appoint GALs and AMCs that?have completed a comprehensive training program through the State of Connecticut.
Source: http://www.briankaschel.com/blog/2013/04/guardian-ad-litem-or-attorney-for-child-in-connecticut.html
roy orbison the third man 2012 nfl draft order mohamed sanu chris polk chicago bulls st louis blues
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.