This section contains the nature of the case and procedural background.

H and W married in 1973. They have two children. W left the family home with the children on or about January 27, 1989. H filed a complaint on April 26, 1989, seeking custody of the two children and a divorce on the grounds of desertion and adultery. W sought custody of the children and denied the desertion. The trial judge decided to appoint counsel for the minor children. It appointed an attorney to act and did not define nor state her obligation or the purpose of her appointment. The Guardian recommended joint custody notwithstanding the desire of the children to live with their mother. The court awarded custody to W and H appealed.

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