New Mexico Supreme Court: Parent Cannot Sue Child's Guardian

Jun 23, 2014

The state Supreme Court has ruled that a court-appointed guardian for children cannot be sued by a parent in a custody dispute.

The high court said Monday guardians at litem have immunity from lawsuit related to their duties as an arm of the court in determining what's in the best interests of children who are the subject of a custody fight between parents.

The justices also said the parent can't bring a lawsuit on behalf of a child because that would create a conflict of interest in the custody case.

The court's unanimous ruling overturned a decision by the state Court of Appeals allowing a father to sue a Santa Fe lawyer serving as the guardian for his four children in divorce and custody proceedings that began in 2006.

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