A guardian ad litem is an attorney appointed by the court to assess what is in the child’s best interests in matters involving child custody and other related disputes. A lawyer designated as a guardian ad litem has undergone special training to represent children.
It is important to understand the role of a guardian ad litem if the court has determined that one is necessary in your child custody case. A skilled attorney can help you get ready for any upcoming interactions with a guardian ad litem if you are facing a child custody dispute.
Understanding the Job of a Guardian ad Litem or Child’s Attorney
The role of a guardian ad litem is to serve as the attorney representing the best interest of the child. A guardian ad litem will perform a lengthy investigation into the circumstances underpinning a child custody dispute to identify the healthiest environment for the child.
A guardian ad litem may be appointed by the court in several situations. Sometimes, efforts to resolve a custody dispute fail after pursuing mediation or another form of alternative dispute resolution.
In other cases, allegations of abuse or neglect warrant an investigation by a guardian ad litem. Situations involving contested paternity or other lengthy litigation proceedings may also prompt a judge to designate a guardian ad litem to make decisions that are in the child’s best interests.
The guardian ad litem will conduct meetings with multiple parties of interest before recommending how custody and/or visitation be awarded. In addition to interviews with both parents, the child, and family members, the guardian ad litem may also speak with the child’s teachers, physicians, and any other parties of interest that can provide information leading to a suitable custody recommendation.
The Guardian ad Litem Investigation Process
The role of a guardian ad litem continues throughout the child custody case process. In evaluating what custody arrangement will be in the child’s best interests, the guardian ad litem will consider not only the desires of the parents but those of the child as well. The guardian ad litem must also look at whether or not there are any instances involving domestic violence, substance abuse, or other situations that would create an unsafe living environment for the child.
In addition to conducting interviews, the guardian ad litem will usually review information such as school records and medical reports. The guardian ad litem will attend all court hearings and proceedings and will also be involved in any legal motions or petitions related to the case.
Ultimately, this individual wants to make certain that the child will end up in a stable home environment where they are safe, cared for, and have their needs met. Following the end of the guardian ad litem’s investigation, which can take anywhere from weeks to months, they will formalize their custody recommendation to the court in a final report.
The judge would then look at this report and compare it to other findings to determine what the custody arrangement should look like based on Virginia’s Best Interest Factors for Children.. The guardian ad litem’s custody recommendation may coincide with one parent’s preferences over the other, or it may be completely different if the deviation best serves the interests of the child.
The court does not have to follow the guardian ad litem’s recommendation and may sometimes disagree with their findings, but this report is likely to have a notable influence on any decision by the court. Moreover, if the parents want to come to an alternative agreement, the guardian ad litem will generally need to approve the arrangement.
Work with an Experienced Attorney in Cases Involving a Guardian ad Litem
Ultimately, the guardian ad litem’s recommendations will revolve around what they deem will uphold the best interests of your child. While the recommendations of a guardian ad litem are not binding, the court will generally place considerable weight on the findings of their report.
An experienced child custody attorney can help prepare you for the initial meeting with the guardian ad litem, cooperate with the investigation, and deal with the subsequent legal processes.
If you have questions about what a guardian ad litem means for your case and what comes next, do not hesitate to reach out to the family law attorneys at Capital Family & Divorce Law Group of Price Benowitz LLP. One of our attorneys can speak with you and provide a confidential assessment of your case.
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