On March 9th, there appeared in the New York Law Journal an article titled Are There Legal Options for an Adolescent who says ‘My GAL Doesn’t Speak for Me’. We were flabbergasted to see and read it since we have not had GALs in custody cases in New York for more than a decade. Children over the age of seven and sometimes even younger children are provided with their own counsel, referred to as an “Attorney for the Child” or “Law Guardian” under Part 07 of the Rules of the Chief Judge. Of additional concern was the authors’ citation to what they cite as the applicable law, which they state is “New York Rule 5.8B.” There is no such rule. Perhaps they meant New Jersey Rule 5.8B.
Robert Z. Dobrish is senior partner and Marilyn T. Sugarman is special counsel at Dobrish Michaels Gross.
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