Right to attorney guardian ad litem

Missouri , Legislation , Termination of Parental Rights (Private) - Children

Mo. Ann. Stat. § 453.025 provides for the appointment of a guardian ad litem to protect the child’s interests in an adoption, and Mo. Sup. Ct., Standards with Comments for Guardians Ad Litem in Missouri, Standard 1.0 requires that the guardian ad litem be an attorney.  Standard 3.0 and its comments clearly “distinguish[ ] a GAL from a lawyer representing a child in the traditional sense[.]” See DeSpain v. DeSpain, — S.W.3d —-, 2025 WL 1688965 (Mo. Ct. App. June 17, 2025).  Because the attorney serves in a best interest and not client-directed role, we have classified the right to counsel as “qualified.”

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.