A Guardian Ad Litem is usually an attorney appointed by the Court to represent the
child(ren) in a legal dispute concerning their custody or welfare. Many people wonder why
any court would think that the parties (usually parents of the child) would not have the
concerns of the child in mind. However, in many cases, the parties to the case are so
wrapped up in his/her own problems or needs that they fail to see the situation from the
perspective of the child(ren). The court appoints the guardian so that he/she does not owe
any allegiance to either party. They can be objective in the investigation and
recommendation as to what disposition would be in the best interests of the child(ren).
A guardian is empowered to investigate the entire background, living conditions, family
relationships, and any other matter related thereto in order to make a recommendation to
the court as to what would be in the best interests of the child as to placement,
visitation, and other matters ruled upon by the court. They can make home visits, speak
with anyone in person, by phone, or any other method of communication. They can also, with
the courts help, subpoena witnesses to testify and to appear in court. The guardian
usually makes a report to the court recommending a specific outcome. The parties do not
have to accept the report, but can present their own witnesses and evidence in court. The
Judge makes the final determination on the disposition of the child(ren). However, the
report of the guardian, if presented properly to the parties prior to trial, can sometimes
lead to settlement of the issues without the expense of a trial.
In some communities, guardians are trained volunteers who assist the court. These
are Court Appointed Special Advocates. For more information, click on the banner
below.
