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Custody: Your Most Important Job

BY ALM Staff
May 03, 2005

Does an attorney representing a parent in custody litigation have a special obligation to the child? Should such an obligation be imposed? If so, what should the bounds and limits of that obligation be?

The Rules of Professional Conduct were promulgated to apply to all lawyers, and not to attorneys engaged in any particular field of practice. To fill in this gap as it relates to domestic relations and matrimonial actions, the American Academy of Matrimonial Lawyers propounded a set of ethical guidelines called “Bounds of Advocacy: Goals for Family Lawyers,” which is available on the Academy's Web site: http://www. aaml.org. This document also “aspires to a level of conduct above the minimum established” in the Rules of Professional Conduct, so the standard set forth by the Academy may be beyond the requirements of the Rules of Professional Conduct, and any applicable disciplinary requirements.

Children do not benefit from involvement in their parents' divorce, a fact often forgotten in acrimonious custody cases. This Special Issue focuses on today's complicated and sometimes overwhelming custody law. While it uses Pennsylania as an example, it is applicable to all 50 states. It is hoped that it can be used as a guide for attorneys and parents alike in making the best possible decisions for those who cannot speak for themselves: the children.

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