How canI get custody of my children and relocate out-of-state?

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How canI get custody of my children and relocate out-of-state?

What is the difference between a Guardian Ad Litem and an Attorney for the minor children? Which do you suggest in a child custody case where the children are 13 and 10, and have expressed the wish to relocate with their father. Their mother has agreed but then “changed her mind” and is now being very difficult.

Asked on September 1, 2010 under Family Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A  Guardian ad litem is a guardian appointed for a single purpose or a single task to represent the interest of some one who can not represent themselves for some reason, like infancy. They are an advocate for the child.  They look out for the best interests of the child and the child alone.  The term literally means "guardian for the lawsuit."  The guardian ad litem does not function as the child's attorney but the guardian can be an attorney.  It is not for anyone to suggest one way or another here.  You are on the road to a custody modification hearing and in some states the court will appoint an attorney on the child's behalf.  I would speak with legal counsel yourself.  Be aware that the 13 year old  may be old enough to testify here.   Good luck. 


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