The Role of Guardian Ad Litem in Divorce and Child Custody Cases
Contentious divorces often make both parents lose sight of the well-being of their children. Where ex-spouses are caught up in their own legal battles and bitter struggles in the middle of a child custody dispute, the court might appoint a Guardian ad Litem (GAL) to uphold the best interests of the child. An experienced child custody attorney can make sure your best interests are represented and that all necessary steps are taken for a favorable outcome.
What is a Guardian Ad Litem?
A Guardian ad Litem is a court-appointed representative who acts as the “next friend” to a child during a family court dispute. The primary duty of a GAL is to protect the best interests of a child. They should not be confused as the child’s attorney or legal representative. These court-appointed representatives act as formal advisors and investigators to the court.
Generally, an attorney with a certain minimum number of continuous legal training and education hours is appointed as the Guardian ad Litem in Alabama. In most cases, they are appointed by the Family Court Judge.
Role of the Guardian Ad Litem During Child Custody Proceedings in Alabama
The duties and responsibilities of a Guardian ad Litem are dictated by Alabama laws and court mandates. The GAL is responsible for considering the overall situation of a child. In certain cases, the court asks the Guardian to focus on a narrow issue, such as allegations involving mental health, substance abuse, and decisions related to the child’s care.
The court order that details the involvement of a GAL usually lays down their role, responsibilities, and duties. A factual understanding of the child’s life is developed by them. They try to gain a better understanding of the child’s relationship with the parents, siblings, stepparents, childcare providers, extended family members, and other people.
Generally, a Guardian ad Litem has the power to conduct surprise home inspections of both parents, interview the child and parents, gather more information about the parents, and observe the relationship between the parents and the child. The GAL is not a lawyer for the child but advocates for their best interests.
They usually have the legal power for bringing motions that modifies the child’s visitation or custody. They may also be able to protect the child from dangerous parents or behavior by moving for immediate restraints. The Guardian ad Litem can seek enforcement of a court order and make a motion for any contempt on the part of the parties.
Ultimately, the Guardian ad Litem makes recommendations about what they think is in the best interests of the child. They usually make recommendations that will allow a child to develop and have meaningful relationships with both parents. Based on this, their basic duty is to provide unbiased and necessary information to the court. They are supposed to help the court arrive at an informed decision about what is best for the child.
Guardian Ad Litem Always Acts in the Child’s “Best Interest”
In Alabama, all custody issues are handled under the standard of “best interests of the child.” Visitation and child custody disputes are usually decided as per this standard. The job of a Guardian ad Litem is to make sure the emotional, mental, and physical well-being of a child is protected.
Limitations on the Power of Guardian Ad Litem
There are specific limitations in place on the duties of a Guardian ad Litem. For instance, any recommendations made that are contrary to the express wishes of a child need to be mentioned specifically in the report. They are also required to inform the judge of the child’s decisions. In many courts, the report is sealed to make it private.
Parties are usually not allowed to show the GAL’s report. They are also required to cooperate and comply with their requests.
Significance of Guardian Ad Litem Recommendations
Almost all family court judges take the suggestions made by a Guardian ad Litem seriously. Their unique position and nature of responsibility allow them to have access to sensitive information about the parents, child, and the case. In essence, the GAL is the court’s “eyes and ears”. They have access to witnesses and evidence that may not reach the court otherwise.
This is one of the key reasons why the GAL’s situation, assessment, and recommendations are highly valued by the court. In relation to this, it’s still critical to understand that the GAL doesn’t have the final say in any case involving child visitation and custody. The ultimate authority remains with the judge for determining what’s in the best interests of the child.
Talk to a Skilled and Compassionate Child Custody Attorney – Book Your Free Consultation Today
The proven and dedicated family law attorneys at the Smith Law Firm have decades of experience in helping parents achieve reasonable resolutions while protecting their own as well as their child’s best interests. We are ready to provide you with a free case evaluation and consultation. Just give us a call at 334-702-1744 or reach us online.
