Legal Question in Family Law in New York
conflict of interest
is there a conflict of interest for a law guardian who represents a child in a custody case and then is appointed for the same child in a neglect case ....involving the same mother in both cases
1 Answer from Attorneys
Re: conflict of interest
This is an excellent question.
1. The custody question is decided upon "the best interest of the child"
2. The neglect case is also decided upon the interest of the child and not the parent.
The issues of fact and law are very similar in each case. I believe there is no conflict because the LG represents the same interest in each action: the interest of the child.
There is no conflict in to whom the LG is answerable (the Court) or paid (the government) or responsible (the child). One will not compromise the other. They all line up identicallly.
The only real differences in the cases are the legal (not factual) issues and the consequences to the parties.
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