Will I Need a Guardian Ad Litem for My High-Conflict Custody Case?
If you’re involved in a high-conflict custody case, making abuse allegations against your spouse, or just can’t seem to negotiate a child custody and visitation agreement, the family court may appoint a guardian ad litem to your case. In this article, the Philadelphia divorce lawyers at the Law Offices of Lauren H. Kane will discuss the role of the guardian ad litem during child custody proceedings.
What is a guardian ad litem?
A guardian ad litem (GAL) is a lawyer appointed by the court to represent the interests of a child. In Pennsylvania, a court can appoint a GAL or the parents can request one. The court will typically charge the parents for costs related to the GAL.
When will the court appoint a guardian ad litem?
The court could appoint a GAL in several situations. These include:
- If the child has behavioral issues such as violent or aggressive behavior, constant truancy, or other problems
- If the child could be the victim of abuse coming from a family member
- If one parent accuses the other of abuse or unfit behavior
- During high-conflict custody cases
Courts generally prefer that parents work out their issues outside of the courtroom. Guardians ad litem are employed primarily when the best interests of the children may be compromised by the parents.
What are the duties of a guardian ad litem?
The function of a GAL is to represent the best interests of the children during a family court proceeding. The GAL will:
- Meet the child following their appointment throughout the proceedings
- Be given access to relevant court records, reports of examination of the parents, as well as medical, psychological, and school records
- Participate during court proceedings
- Conduct an investigation to determine relevant facts for presentation to the court
- Interview potential witnesses including the child’s parents
- Create a written report for the court relating to the best interests of the child. The report will be on the record so it can be reviewed by the parties. The parents are allowed to respond to the report and their responses also become part of the written record.
- Explain the court proceedings to the child
- Advise the court on the child’s wishes
Guardian ad litem recommendations
Before making a recommendation to the court and issuing their report, the GAL will meet with the child and their parents. The GAL will review records related to the child with the ultimate goal of providing the court with a neutral evaluation to ensure that the child’s needs and safety are met.
The GAL will provide the court with a written report. Both parents can review and comment on this report. The GAL also explains the proceedings to the child and voices the child’s preferences to the court. The court could require the GAL to testify. The GAL can be cross-examined by the parents.
Talk to a Philadelphia Family Law Attorney Today
Are you involved in a high-conflict custody battle? If so, the Philadelphia family lawyers at the Law Offices of Lauren H. Kane can help. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.
