SCHULT V. SCHULT
699 A.2d 134 (1997)
NATURE OF THE CASE: This was a dispute over the position an attorney representing a minor
child took in opposition to a guardian ad litem.
FACTS: Cheryl (W) and Jeffrey (H) were married in 1986. They had a child who has a
history of emotional, psychological and developmental problems. W sought dissolution of the
marriage and custody of the child. H filed a cross complaint seeking custody as well. When H
moved from the family home, Steve Norman moved in as a boarder. W and Norman resided
together since and have plans to marry. The court appointed, by H's motion, an attorney,
Colette Griffin as the child's attorney. In November, 1991, while Norman was baby-sitting,
the child was discovered to have a medical problem. Norman also noticed that the child was
limping that morning when she got up and W took the child to the hospital; the child had a
broken leg and there was no explanation as to how that could have occurred other than from
abuse. Norman began to act strangely and checked into different motels in different states.
Norman returned three days later. The diagnosis on the child was that the origin of the
injury was unknown and that abuse could not be confirmed. The child's maternal grandmother,
Radin, then intervened as per statute. The court awarded temporary joint custody to W and
Radin with physical residence with Radin. W moved for a guardian and Elizabeth Gleason was
so appointed. W and the guardian ad litem requested custody to W and Radin, Griffin, H, and
the child's psychologist, the family relations officer, the child's pediatrician, the
clinical social worker and other said the child would not be safe with P and Norman and
moved for custody to Radin. Custody was awarded to Radin with P and the guardian objecting
to that recommendation from Griffin. P and the guardian appealed. The appeals court upheld
and this appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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