Saratoga Child Custody Lawyer Discusses Substituted Judgments for a Disabled Child
In most cases where custody is at dispute, the children are assigned a law guardian. The law guardian’s job is to determine what the child or the children want and to report that back to the court. If a child has a disability that impacts her or his ability to make decisions in her or his own best interest, there is case law that allows a law guardian to use substituted judgment, even for an older child. The guardian may inform the court of what is in the child’s best interest, notwithstanding what the child may express as a desire in a custody scenario.