Custody cases involve parents finding ways to share parental rights and responsibilities. Typically, cooperation leads to the most effective custody arrangements. Unfortunately, the intense emotions that accompany the end of a relationship often make it difficult for parents to agree on custody matters.
In a litigated custody dispute, parents may make allegations about one another’s parenting abilities. It can be difficult for the courts to reach an appropriate determination about how to allocate parental rights and responsibilities in a high-conflict scenario. The courts may sometimes assign a guardian ad litem to assist with the custody case. Parents facing litigated custody scenarios need to understand the purpose of a guardian ad litem.
Their focus is on the children
Contrary to what people might think given their title, guardians ad litem are not the same thing as guardians who hold parental authority. They are professionals appointed by the courts specifically for the purpose of advocating for the children involved in a custody dispute.
The guardian ad litem typically conducts a thorough investigation into family circumstances. They then provide the courts with their recommendations regarding the children’s needs. Guardians ad litem can provide a neutral perspective on challenging matters by familiarizing themselves with family dynamics.
They speak with the parents and the children. They monitor interactions within the family. They sometimes even discuss concerns with outside parties who may have insight into the family circumstances. Ultimately, they report their findings to the courts.
A judge then considers the recommendations of the guardian ad litem when they finally settle disagreements related to parental rights and responsibilities. Given that both parents usually have lawyers representing their best interests, it can be beneficial to have a professional making the children the priority.
The courts may appoint a guardian ad litem in scenarios where there is intense conflict related to custody matters. Parents who worry about custody matters and their children’s well-being can sometimes request that the courts appoint a guardian ad litem to help ensure that the final custody determination prioritizes the children above everything else.
Learning more about the various tools that the courts can use to help resolve contested custody cases can help parents prepare for what is ahead. Guardians ad litem can play an important role in resolving disagreements about what might be in the best interests of the children in a complicated custody scenario.