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Tennessee Journal of Law and Policy

2014

Custody

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No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke May 2014

No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke

Tennessee Journal of Law and Policy

On February 17, 2009, the Tennessee Supreme Court adopted a provisional rule to be used in child custody cases in all courts in the State of Tennessee.' The rule, Rule 40A, concerns the "Appointment of Guardians Ad Litem in Custody Proceedings" and dictates the appointment, role, powers, duties, rights, limitations, and costs of guardians ad litem in limited types of cases "including but not limited to divorce, paternity, domestic violence, contested adoptions, and contested private guardianship cases." Rule 40A is provisional in that it was passed with the intention of it lasting only a limited time while the mechanics of …