Case Summary: Mother filed a Motion for Guardian ad Litem to be appointed for the parties' minor children. Father argued that Guardians ad Litem are not usually appointed in private custody/visitation disputes unless there are allegations of abuse, neglect or dependency. Mother argues that it is not unprecedented for Guardians to be appointed. She further argued that current law does not require that the interests of the parents conflict with those of the child. The Court found that it has the power to appoint an attorney to represent the child in custody cases pursuant to 13 Del.C. §§721(c) and 732 The Court found that the interests of the child does not have to conflict with those of the parent. The Court also found that the statute in question did not limit the appointment of a guardian to situations where there are allegations of neglect or abuse. The Court then appointed an attorney for the children (rather than a GAL) and ordered communication of that appointment to the Office of the Child Advocate pursuant to the statute. 29 Del. C. § 9007A(a). Since the Office of the Child Advocate did not request the appointment of an attorney guardian ad litem for the children, the Court chose to appoint traditional counsel for the children instead.

Back to Case Law