Protecting The Child’s Rights in Court
The primary goal of family court proceedings is to make decisions that protect the “best interest of the child”. This can sometimes be difficult to do, especially in the case of custody issues or when a parent is making a major decision that could affect the child’s quality of life.
In these instances, the court will almost always designate a “Guardian Ad Litem”, onetype of guardianship in which an attorney is assigned to represent the child, and only the child.
Why a separate attorney?
Any attorneys hired by the parents or other parties to the action obviously have a conflict of interest. In the case of a custody battle for example, the attorneys representing Mom and Dad are both working to secure the best arrangement for their respective clients.
But this may not be what is actually best for the child.
A Guardian Ad Litem is assigned to protect the child’s interests during the proceedings. They will be allowed to ask questions and present witnesses like the other attorneys involved and may also argue a position that is completely different from the two opposing sides.
For example, in a custody battle both parents might be petitioning the court for sole custody of the child. The child however, may have decided he or she wants to live with grandparents instead.
A Guardian Ad Litem would have the opportunity to present a case showing why the child’s request should be granted. The judge is still free to rule in favor of one of the parents but he or she is also obligated to allow the child’s case to be presented and consider it equally with the rest of the evidence and testimony.
Guardian Ad Litems do not assume any day-to-day responsibilities such as overseeing the child’s education or providing consent for medical care. They are only responsible for representing the child during the legal proceedings and this responsibility ends when the proceedings are over.
7 Comments
ok got a question…I am a guradian ad litem for my 12yr old grandson. My daughter who was killed had a 12 yr old son. I became his guardian ad litem for a civil action, wrongful death. A trust was set up for the 12 yr old. As his guardian ad litem am I also able to to be his gaurdian ad litem in family court case
As the guardian ad litem you should have standing to bring an action in family court.
Is the guardian ad litem the same as a best interests attorney in MD? If not, what is the difference? My ex and I have already had a custody evaluation done by a social worker that went in my favor. My ex’s attorney then asked that a best interest attorney be appointed for our son. What will the best interest attorney do that that the social worker did not?
can i file for some kind of shared custody for my grandchild if the father is incarrcerated and the mother has a learning dissabiblity and neither parent is married?
I have went to court for child support and at that hearing my ex complained about me and asked if he could have his future wife be a guardian ad litem. I am worried because I am afraid if she did become one would that effect my rights for our son. I get weekends,holidays and 2 weeks a year. My ex tried to not give me my 2 weeks because he thought I should help pay for daycare or not get it. The judge told him he cant do that and assigned a mediator. Anyways I just want to know if his girlfriend gets guardian ad litem, would i loose my rights? Thanks
MY step daughter has been with my husband for 10 years. When my husband divorced his first wife she moved to North Carolina and Now lives in Illinois with her 3rd husband. After i found my step daughter cutting herself, he mom is no trying to get custody of her. Court is in a few days and at our court date in June birth mom told the courts she wants her to have a Guardian Ad Litem and she would pay for it. We have no clue if she has one yet. At this point birth moms attorney referred her to someone else for herself and mom is refusing to pay the retainer. Will my husband get inrouble for not finding a GAL for his daughter? Will the court get post poned if my step daughter doesnt have a GAL? Do you think after 10year of living away from her daughter she will get custody? My step daughter keeps saying she doesnt know what she wants. Any suggestions?
My twelve year old daughter lives with me and her father has visitation rights and joint custody. We have been in and out of court many times because of his verbal abuse and neglect of my daughter. We even went through a mediator and my ex got more visitation. Now he is resorting to threats of physical violence to try and control her. After his last round of threats toward her, I got a protection order through the court in Idaho. Went to court and the judge made me go directly to a hearing because the ex objected to extending the protection order. I had no witnesses because no one told me this could happen. The judge dismissed the order. My daughter had written out a statement against her father and now she is being forced to have visitation again. Her father has a history of domestic abuse toward myself, my oldest daughter ( who is now 23 ), also my sister when she was about the same age. My oldest daughter, at the age of 14, was removed from his custody after an incident with him. I have tried to show the court that he has this history and they tell me I am mudslinging. My 12 year old is terrified of him and no one will help us. My daughter believes she should have the right to be removed permanently from his custody because of his abuse. She wants no further contact with him or his family. They are all abusers too. She wants her rights represented by a guardian ad litem. I don’t have much money and wonder if there is someone in North Idaho who can help my daughter. She is afraid he will hurt or kill her. She stated this in the paperwork for the protection order. Is there some kind of program that helps people out when they don’t have much money? I was told if I wanted to pursue this I would have to file a modification order to the divorce decree. I can’t afford a lawyer for my daughter. It would be great if someone had some information that would help us. When I file this modification order can I request a Guardian ad litem for her? Will the judge appoint one then? Would I have to pay any fees up front to get this person to talk to her? Could that person, if they felt the situation was dangerous for her, request another protection order to keep her from having visitation with him until this situation could be resolved?