Man’s Lawsuit Against Childhood Guardian ad Litem Nixed

An attorney appointed as guardian ad litem for children in a custody proceeding does not have an attorney-client relationship with them, the Tennessee Court of Appeals said.

Tenn. Sup. Ct. R. 40A authorizes trial courts to appoint only “licensed attorneys” as GALs to represent the best interests of the child in a custody case, the court acknowledged.

However, although the GAL must be an attorney he or she represents the child’s best interests, as distinguished from representing the child, Judge Frank G. Clement Jr. said for the court.

If the intent of the rule was to create an attorney-client relationship, ...