We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. How Should Patients Handle a Medical Malpractice Claim? Or call us at 866-631-0028 to speak with a Genesis attorney or LLLT. A Guardian ad litem can independently state to the court what the child’s preference is, which could carry more weight than a parent’s statement about the child’s preference. As we explain in an article of ours, guardian ad litems, or GALs for short, are individuals appointed in custody cases to assist the court with custody determinations. Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. The decision whether to request a Guardian ad Litem (GAL) can be the biggest strategic move you make in your child custody battle. By Daniel Exner. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. A Guardian ad litem is not required to meet with the child, parents, or other interested in individuals in his or her home. a Guardian Ad Litem assigned to their case. Under Georgia law, judges take a number of things into consideration, including communication between both parents, the home the children currently live in and even the preferences of the children in certain cases. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, Serving Cobb County and the Surrounding Area, The different methods of business valuation. A GAL will use his or her judgment to determine what is important in a case based on the information from the parents, child, court, and other sources. Department of Children, Equality, Disability, Integration and Youth, provides for a presumption in favour of a GAL being appointed for all children in child care proceedings, requires the court to state its reasons for not appointing a GAL and say how it proposes to hear the views of the child, if it declines to appoint a GAL, specifies the role and status of a GAL and allows the Minister to make regulations on the qualifications and experience required to act as a GAL. The GAL will recommend a custody and placement arrangement that he or she believes is in the best interests of the child(ren). A court will ordinarily see value in appointing a GAL when two or more of the following factors are present in your case: That’s it! The children’s daily routines — The Guardian Ad Litem will want to know what activities they are involved in and how their schedule looks. A guardian ad litem can be appointed by the court if there are allegations of abuse or neglect, the case is extremely contested, or if a child needs a voice in court. By Daniel Exner. S/he is supposed to have done quite a bit of investigation as well as having quite a bit of experience in handling child custody issues. Please note that this response is based upon the limited information available in the question. Department of Children, Equality, Disability, Integration and Youth. What is a guardian ad litem? While the push in a lot of cases is to share custody due to the fact that it is oftentimes better for children both emotionally and psychologically, the courts as well as GALs do recognize instances in which shared parenting may not be the best option. In the emotionally heated conflicts of divorce, it is easy to see how some parents may not be able to properly judge what is best for their kids. A court will not simply rubber stamp a child’s wishes. Performance & security by Cloudflare, Please complete the security check to access. The older the child and the more reasonable explanations the child gives for his or her preference, the more deference the court may give the child’s preference. And the court will require the parties to pay a certain sum of money, called a “retainer,” to the Guardian ad litem when she is appointed by the court. Although parents are allowed to make such determinations outside of the courtroom – provided the arrangement is in the best interests of the children – some may find amicable negotiations impossible or extremely challenging without guidance from a lawyer or the courts, oftentimes meaning a judge is needed to make the final decision regarding custody. Another way to prevent getting this page in the future is to use Privacy Pass. -. Sole custody determinations give only one parent the ability to make decisions concerning the children as opposed to joint custody, which gives both parents the legal right to make decisions regarding the children. For more, click the resources tab in this page’s upper right corner. A guardian ad litem usually has quite a bit of influence in court. The guardian ad litem’s duties include, but are not limited to: at the hearing, examine, cross-examine, subpoena witnesses and offer testimony; and prior to the hearing, conduct all necessary interviews with persons who have contact with the child in order to determine the child’s best interest. Both parties can agree to abide by the GAL’s recommendation, which can help cut down on the fees of excessive court hearings. They are charged with investigating and helping the Judge determine what is in the best interest of the child or children. This is not an exhaustive list. But there are certain circumstances when she should do so. All Rights Reserved. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Should you have any concerns regarding an upcoming meeting with us, please contact us online or call 757-352-2237. If you’re thinking about requesting a Guardian Ad Litem, do your research into costs and be prepared to pay them, as the court does not have to distribute them between the parents (though it often does, whether equally or in proportion to income).