In re Interest of Z.D.

A parent who had court-appointed counsel in an abuse and neglect proceeding was not entitled to representation by court-appointed counsel once the abuse and neglect proceeding was dismissed and further action was brought in a domestic relations case.The Supreme Court held that, in this case, the circuit court correctly determined that because it had dismissed the abuse and neglect proceeding, Father was no longer entitled to court-appointed counsel to resolve a motion for custody, as the proceeding was a domestic relations case. The court, however, reversed the circuit court’s decision to continue the appointment of the guardian ad litem for the children in the domestic relations proceeding, holding (1) pursuant to Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court, courts shall not routinely assign guardians ad litem for children in a domestic relations case but, rather, shall appoint a guardian ad litem only where the court is presented with substantial allegations of domestic abuse or other serious issues; and (2) in this case, the circuit court’s appointment of the guardian ad litem in the domestic relations proceeding was in error. View "In re Interest of Z.D." on Justia Law