What will a guardian ad litem look for

If you are interested in having a guardian ad litem appointed in your case, it is important to understand the role of a guardian ad litem in a family law case.

A guardian ad litem is a fact finder. In high-conflict family law cases in Lee County, Florida, this person will likely be an experienced family law attorney who has received training to be a guardian ad litem. A guardian ad litem serves as an investigator who works on behalf of the court, with the main purpose of determining what is best for the child. The guardian ad litem can address any issues that the court finds necessary to investigate, including relocation, parental responsibility or decision-making, timesharing, or alienation.

A guardian ad litem will conduct interviews of the parents involved in the case and will talk to the child directly. A guardian ad litem will also review the court file and all other important records in the case. Some interviews may be conducted separately so that a guardian can obtain a child's views without parental interference. In addition, the Guardian Ad Litem may ask to schedule visits or interviews with a child's extended family members or therapists.

A GAL may also review a child's medical records, school report cards, and therapist notes when appropriate. Essentially, a Guardian Ad Litem will need sufficient information about a child's background, upbringing, and well-being to make a recommendation to the court. A GAL's focus it to understand the full picture of the child's well-being in each parent's care. A Guardian Ad Litem may evaluate many of the same factors a judge will consider in a custody case when determining a child's best interests.

Specifically, a GAL may examine each parent's relationship with the child, the child's relationship with siblings and extended family members, the child's ties to school and the community, each parent's stability and physical and mental health , and either parent's history of domestic violence , if any. A Guardian Ad Litem also wants to understand a child's preferences for custody and to report those preferences to a judge. A GAL will say what a child is unable to in court.

In most cases, judges try to keep children out of their parents' court cases. However, a GAL can obtain a child's testimony and feelings regarding custody outside of the courtroom and present it to a judge at the parents' custody trial.

There's no hard and fast rule for when a judge will appoint a GAL in your case. In cases involving a termination of parental rights or child neglect or abuse, a judge will almost always appoint a Guardian Ad Litem to ensure that a child's voice is heard. However, in other situations, such as where a child is old enough to express a preference or there's no history of abuse , a Guardian Ad Litem may not be necessary. A GAL's appointment is at a judge's discretion.

Parents can request a GAL to be appointed in their case, but a judge will ultimately decide if it's necessary or appropriate. Some states require Guardian Ad Litems to be appointed automatically when the case involves any allegations of abuse. Some judges will routinely appoint GALs when custody is at issue. A parent requesting the appointment of a GAL should be aware that in most cases, a Guardian Ad Litem's work isn't free.

Portage County has a court form for a guardian ad litem report which you may find interesting. Many guardian ad litem reports follow the statutory best interest of the child factors, but this form requires the guardian to specifically identify the amount of work they put into their investigation.

Is the Guardian ad Litem going to be at the Court hearing? The Guardian ad Litem is required to be present at all hearings pertaining to the children.

Once upon a time the answer was, for all practical purposes, no. However, expectations of Guardian ad Litems in Ohio have changed, and courts are looking more closely at the conduct of guardian ad litems.

Keep in mind that once a guardian ad litem makes a recommendation in a case, there is going to be at least one party who does not agree with the recommendation of the guardian ad litem.

The court knows and expects this. The court does not consider a guardian biased simply because the guardian finds one party to be more credible than the other.