The Role of a Guardian Ad Litem for Custody Disputes

Posted on July 7, 2018<

When parents go through a divorce, it’s not uncommon for both parties to be so involved in their own issues that they neglect to put the needs of their children first. They are often too concerned with battling one another to consider what is best for their kids.  The Court, however, must ensure that a child’s best interest is accounted for. The Court commonly achieves this by appointing legal representation for the child in the form of a Guardian Ad Litem.

A Guardian Ad Litem is usually a social worker, mental health professional, or court-appointed attorney hired to investigate both parents regarding time-sharing, parental decision-making, and other contested matters. These licensed, legal professionals are neutral and do not work for either party. They will conduct interviews with the parents, children, neighbors, teachers and therapists, as well as anyone else who may have some insight into the family’s situation. Upon completing their analysis, the Guardian Ad Litem will make a recommendation to the Court to assist the Court in making future determinations related to the children.

Though every Guardian Ad Litem has a different way of administering their investigation, some of the things they may look into regarding the parents are:

• A history of the relationship between both parties
• Indicators as to why a Guardian Ad Litem was needed for the case
• The parenting style of both parties
• Information regarding the children’s daily routines and activities
• Individuals that the parents and children are around frequently
• Various records and files pertaining to the parents and children

While is it uncomfortable and scary for most parents to have a third party come in and evaluate their parenting ability in such a short amount of time, it is necessary to ensure that the kid’s safety is kept a priority. 

If you are involved in a child custody action, you need to be represented by an experienced Orlando family law attorney who can best serve your interests and who understands the process. The family law attorneys at The Roberts Family Law Firm, P.A. have experience with child-related issues and can help you make the best decisions for your family. For more information or to schedule a consultation, please call us at 407-426-6999.