When a Guardian ad Litem is involved in your case, their role is to represent the best interests of the child, not any of the parents. But how can you tell if they are truly advocating for your child’s needs, or if their actions align with your family’s goals?
A guardian ad litem is expected to remain neutral, always prioritizing the child’s best interests over any party involved in the case. Their responsibility is to evaluate different custody and visitation arrangements by interviewing the child, parents, and others, as well as visiting homes. Based on what they find, the litigation guardian will recommend what they believe is best for the child.
During this process, the guardian ad litem should be professional, clear, and direct when communicating what is required from you. Understanding how to tell if the guardian ad litem is on your side involves paying attention to their communication style and how they approach the case, ensuring they are focused on the child’s well-being and not influenced by other parties.
What is a Guardian Ad Litem?
A guardian ad litem, or litigation guardian, is an impartial individual appointed to represent the child’s best interests in divorce or parental rights and responsibilities cases. This individual is responsible for looking into the family’s situation and advising the court on subjects involving:
- Where the child should live most of the time
- Whether the child is being harmed by a parent’s substance abuse
- What sort of contact the child should have with a parent
Depending on the order of the court, the litigation guardian’s responsibilities may vary. The court may issue a broad order, asking the guardian ad litem to assess the child’s overall situation and provide general recommendations, such as those related to parental rights. More often, however, the court will make a “limited-purpose appointment,” where the litigation guardian is tasked with investigating specific issues.
How Often Does a Judge Agree with a Guardian Ad Litem?
Judges usually, but not always, agree with the recommendations made by a guardian ad litem. In general, litigation guardians are well-respected professionals who play an important role in custody cases. Since they provide an unbiased perspective focused solely on the child’s best interests, their input typically carries a lot of weight. While a judge doesn’t have to follow the guardian ad litem’s recommendation, it’s common for their opinion to significantly influence the final decision. So, how often does a judge agree with a guardian ad litem? While it varies from case to case, it’s typical for the judge to give considerable weight to the GAL’s findings and recommendations.
Understanding the Role of a Guardian Ad Litem in Your Case
A Guardian ad Litem is an impartial professional appointed to represent a child’s best interests in custody or parental rights cases. Their job is to evaluate custody and visitation options and recommend what’s best for the child, based on interviews, home visits, and observations. While litigation guardians are expected to remain neutral, their role is to advocate for the child’s well-being, not any parent. Judges usually respect and often agree with guardian ad litem recommendations, though they aren’t required to. Understanding how the litigation guardian communicates and approaches the case can help you determine if they are truly working in your child’s best interests.
