Discretionary appointment of counsel
In private custody proceedings, Tenn. Sup. Ct. Rule 40A(3)(a) provides that “the court may appoint a guardian ad litem when the court finds that the child’s best interests are not adequately protected by the parties and that separate representation of the child’s best interests is necessary. Such an appointment may be made at any stage of the proceeding.” Section 40A(1)(c) defines “guardian ad litem” as “a licensed attorney appointed by the court to represent the best interests of a child or children in a custody proceeding.”