Children's Representative in Custody Cases

The Anderson case from the Iowa Court of Appeals last week contains an interesting discussion about the differences between a "guardian ad litem" and an "attorney" appointed to represent children under Iowa Code 598.12. As the Anderson case illustrates, there are considerable differences between the rights and responsibilities of a guardian ad litem and an attorney appointed to represent the children.

The approach and terminology set forth in Section 598.12 has been abandoned as outdated by many child-advocate organizations and several states. Instead, a much more contemporary and practical approach is recommended by the ABA. The current model statute, which Iowa should adopt, can be found here. Even a quick read of the model statute begins to expose some of the problems of current Iowa law. The title of the act alone ("Uniform Representation") references an issue that occurred in the Anderson case - the lack of an order that clearly distinguishes the differences between a "GAL" and "best interests" advocate (attorney or not) in each case. The model act would go a long way to ensuring the best interests of Iowa's children are being met once their parents cannot agree and court involvement is necessary.