Understanding the Role of a Guardian ad Litem in Your Divorce Case

Divorce cases can be emotionally charged and complex, especially when children are involved. In such cases, the court may appoint a Guardian ad Litem (GAL) to represent the best interests of the child or children involved. In this article, we will discuss the role of a GAL in a divorce case and how they can help ensure the well-being of the child.

What is a Guardian ad Litem?

A Guardian ad Litem is a court-appointed individual who represents the best interests of a child in a legal proceeding. The GAL is not a lawyer for either parent, but rather an advocate for the child. The GAL is responsible for investigating the case, gathering information, and making recommendations to the court regarding the child's best interests.

What is the Role of a Guardian ad Litem in a Divorce Case?

In a divorce case, the role of a GAL is to investigate and make recommendations to the court regarding the child's best interests. The GAL will typically meet with the child, both parents, and any other relevant parties, such as teachers, doctors, or therapists. The GAL will also review any relevant documents, such as school records or medical records.

Based on their investigation, the GAL will make recommendations to the court regarding custody, visitation, and other issues related to the child's well-being. The GAL's recommendations are not binding, but they are given significant weight by the court.

How Can a Guardian ad Litem Help in a Divorce Case?

A Guardian ad Litem can be a valuable resource in a divorce case, especially when children are involved. The GAL can provide an objective perspective on the child's best interests, which can help the court make informed decisions. The GAL can also help ensure that the child's voice is heard in the proceedings.

Additionally, the GAL can help facilitate communication between the parents and the child, which can be especially important in high-conflict cases. The GAL can also help identify any issues that may be impacting the child's well-being, such as mental health concerns or academic struggles.

Conclusion

In a divorce case, the well-being of the child should always be the top priority. A Guardian ad Litem can help ensure that the child's best interests are represented in the proceedings. If you are going through a divorce and have concerns about your child's well-being, it may be helpful to speak with an experienced family law attorney who can help you understand the role of a GAL and how they can help in your case.

Sources:

• American Bar Association. (n.d.). What is a Guardian ad Litem? Retrieved from https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/child_law_practice/vol-33/october-2014/what-is-a-guardian-ad-litem/
• Minnesota Judicial Branch. (n.d.). Guardian ad Litem. Retrieved from https://www.mncourts.gov/Help-Topics/Guardian-ad-Litem.aspx