Eighty-five percent of contested divorces are settled before they ever see the inside of a courtroom However, this isn’t always the case. A contested divorce or custody battle that makes it to a hearing can make it difficult for the parents to consider the wellbeing of their child(ren), especially if they are hurting. As a result, the court system incorporated a way to help protect the child(ren)’s welfare during contested legal matters: Guardian Ad Litem. Continue reading to learn all about what a guardian ad litem is and how they can help in a contested divorce or child custody case.
What Is Guardian Ad Litem?
A guardian ad litem is generally a court-appointed attorney whose job is to represent the child(ren) in a contested legal dispute, such as child custody and divorce. They can, however, also be a mental health professional or a child advocate that has gone through extensive training from the Office of the Child Advocate for the Protection of Children.
A case may need a guardian ad litem when the legal dispute involves either party’s ability to parent. This is especially important when the child isn’t old enough to efficiently speak up for themself. This means that a guardian ad litem is more likely to be assigned to the case when they are six rather than when they are sixteen.
The court usually steps in with this decision when the judge is unable to determine which parent should be awarded custody and even how parental visitation will work out. However, either party can ask for a guardian ad litem to step in to protect their child’s welfare during the initial legal dispute or a child custody modification.
What Does a Guardian Ad Litem Do?
Parents might not have their child(ren)’s best interest a heart when they are going through a difficult time in their lives. The guardian ad litem responsibility lies solely in representing the child(ren) and their best interest. The guardian ad litem is a neutral party and can be objective during their investigation. They will not take either parent’s side.
The guardian ad litem will recommend the best course of action for the children involved in the dispute. To come to this decision, they will launch an investigation into the child’s lives to determine which parent will get majority custody and which will get visitation. They will investigate:
- Family background
- Familial relationships
- Homelife and living conditions
- Schooling and education goals
You can expect the guardian ad litem to make a home visit to talk to the child, and they will take what they say into consideration when writing up their report. The home visit will also give them a chance to gauge their current living conditions.
The guardian ad litem also can request medical and school records as well as speak with whoever they see fit. This might include their teachers, their babysitter, and even other relatives.
During the investigation, the guardian ad litem will look into any custodial accusations and allegations that might pin the parents as unfit or unstable. They might even suggest that the child(ren) and the parents undergo a physical and/or mental evaluation to move forward in their investigation.
At the conclusion of the investigation, the guardian ad litem will write up a report detailing the investigation and their recommendation based on what they found.
How Can They Help Your Case?
The guardian ad litem stands on the neutral ground to make sure they are fairly representing your child(ren), but it is possible to leave them with a good impression of who you are and what you stand for. If you are honest and upfront about everything going on behind the scenes, you have nothing to worry about. The more information you can give the guardian ad litem, the better.
You can impress the guardian ad litem by cooperating through the entire process. It’s also important that you can present all of your information in an organized manner. This way the guardian ad litem gets all of the necessary information to move forward with the case.
Make sure you don’t impede on the guardian ad litem boundaries. Don’t drag them into your familial arguments involving the case. Pettiness won’t get you anywhere. They may take the way that you treat them into account for how you might treat other people in your life (including your children).
How Should You Prepare for the Investigation?
When the guardian ad litem begins their investigation, it’s in your best interest to be prepared to answer all of their questions. You will want the guardian ad litem to know that you want what’s best for your child(ren) regardless of what the outcome might be.
You should be prepared to give the guardian ad litem:
- A brief history of the parental relationship
- A timeline of events leading to a custody dispute
- A description of your parent style (and how it might differ from the other parent’s)
- A snapshot of the child(ren)’s daily routine and extracurricular activities
- A list of people they should interview
You should also expect to answer this question: What will the other parent say about you?
This question may seem unconventional, but it helps to point out what you think about yourself as a parent and how the other parent might use your strengths and weaknesses against you. It also helps show the guardian ad litem that you can see your imperfections when it comes to taking care of your child.
What If the GAL Recommendation Goes Against You?
Don’t worry! If the guardian ad litem investigation leans in favor of your ex, it doesn’t necessarily mean that the judge is going to use that in the ruling. Though GA court systems take GAL recommendations very seriously, you can still take care to represent yourself in a calm, cool, and collected manner to show them that you are the best option for child placement regarding your child.
Your Lawyer Can Help
Your family lawyer can help to make sure that the guardian ad litem is treating your case fairly (and without biased judgment) through the entire process. At Hobson Law Firm, we will do whatever it takes to protect your child’s welfare, your assets, and your family’s future.
Contact Hobson Law Firm today for more information regarding guardian ad litem or any issues that might crop up during a legal nightmare.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.