Divorce is a traumatic moment in a child’s life. Even with parents that are undergoing a mostly amicable separation, conflict during a divorce can turn a child’s world upside down. Concerns regarding a child’s health, safety, may result in a Guardian ad Litem (GAL) being assigned to your child to advocate for the child’s interest in the divorce. Having a specially trained attorney will ensure that your child’s best interests are kept in mind. A Guardian ad litem exercises independent judgment to advocate for your child’s best interests, not either parents wishes and desires.
In a contested divorce case, a judge may decide to assign a guardian ad litem to consider issues such as:
- The child’s emotional state/development
- Each parent’s involvement in caring for the child
- The parents’ interactions with one another and their willingness to put the child first
- Where the child will live and attend school
- The child’s preferences in whom they live with primarily.
The guardian ad litem attorney assigned in a divorce case will make a thorough investigation of the child’s living situation to determine what would be best for the child and make a written determination to the court. This occurs after extended observations by the guardian ad litem to talk to the children, establish a bond, and learn of their needs and desires. The GAL will also interview other family members, teachers, counselors, and any other individuals with extensive contact with the child.
The guardian ad item will gather documents from schools, medical records, and any law enforcement reports. They will review all information within the divorce file and provide written recommendations to the court concerning the child’s placement.