When to Consider a Guardian ad Litem in Custody Cases

Couples involved in a divorce or dissolution who are still caring for children will have to face child custody proceedings. The goal of everyone involved is to do what is best for the children, but that is not always easy for both sides to agree upon. Sometimes, a third party is needed to best represent the child and advocate for them directly.

At the Law Offices Of Cara L. Santosuosso, LLC, our child custody attorneys understand how tumultuous this time is and how difficult it can be to work through. Rest assured that our child custody lawyers in Cleveland will always advocate for you and your family. Keep reading to learn more about the vital provision of a guardian ad litem and how it may come into play in your child custody case.

What Is A Guardian ad Litem?

A guardian ad litem (GAL) is a person who is officially appointed by the court to represent the interests of those who cannot speak for themselves in any legal proceedings. Oftentimes, a GAL is used to represent the interests of minor children; however, they can also act as a representative for any incapacitated person, even if they are an adult. If the person in question cannot legally speak for themselves, be they a child or an adult, a GAL can be used to represent them.

A court will appoint this person–often an attorney or a court-appointed special advocate (CASA)–either because they deem it necessary or because one or more parties have requested a GAL. A guardian ad litem is not a child custody attorney or a divorce lawyer, and is not acting as legal counsel for the individual in question. Their sole responsibility is to advocate for these individuals, essentially speaking on their behalf, becoming their voice. Doing so requires an intimate knowledge of the individual’s life, needs, and best interests. In Ohio, a GAL is also required to meet specific training requirements and both pre-service and ongoing education.

What Does a Guardian ad Litem Do?

A guardian ad litem (GAL) is tasked with representing the best interests of a child or other person who is unable to represent themselves in legal matters. In order to do this, they need to familiarize themselves with the situation, investigate how circumstances affect the person they represent, gather information that will inform recommendations, and then make those suggestions to the court. Again, they are not acting as a child custody attorney or a divorce lawyer or other legal representative–they are using the data they have collected to speak as if they were the person they are representing. The GAL is advocating for the child or other individual in question as if they were actually them. They help the court to understand the various factors at play that will inform a final custody decision.

In Ohio, a Guardian ad Litem (GAL) is a court-appointed individual, typically an attorney or a court-appointed special advocate (CASA), who represents the best interests of a child in legal proceedings such as custody disputes. The GAL investigates the child's circumstances, assesses their needs, and provides recommendations to the court to help ensure the child's ongoing well-being. They will then appear and participate in all hearings and interviews between the judge and child.

What are the investigative steps a guardian ad litem may take?:

• investigating the child's living situation
• interviewing the child, parents, teachers, therapists, health providers, etc.
• assessing the child's relationships with caregivers
• reviewing relevant criminal, civil, educational, and administrative records pertaining to the child and family

Once the investigation has been done, a GAL will have a comprehensive picture of the child’s situation and needs that they will provide to the court. They can then make recommendations to the court regarding the most conducive or beneficial custody arrangements, visitation schedules, and anything else that could affect the child's welfare, such as recommending that the court order various tests and/or evaluations.

The GAL’s recommendations are based solely on what they have determined to be in the best interests of the child, and are not to be swayed by what the child or parent(s) says they prefer. The GAL does not have decision-making power; however, their thorough research and investigation can certainly affect the court’s final ruling. 

When Is A Guardian ad Litem Necessary?

A guardian ad litem (GAL) is particularly useful in divorce cases, custody battles, cases involving the termination of parental rights, or when abuse or neglect is suspected or alleged. If there are concerns regarding a parent’s mental health or potential substance use, or if one parent is accused of interfering with their child’s relationship with the other parent, and in cases involving children with special needs, a GAL can help to moderate the situation by providing unbiased recommendations that are focused on the welfare of the child.

Anytime when there are disputes or concerns about a child's well-being, a GAL may be beneficial. These situations can also include things such as a lack of agreement on a parenting plan or grandparent visitation matters.

While a parent can request a guardian ad litem, a judge is typically going to be the one to appoint them when they deem it necessary. Disputes and lack of agreement on the part of the parents is going to be one big factor in determining whether a GAL is appropriate. Once a judge decides that a GAL will be needed, parents must comply or risk being held in contempt of court or experiencing other complications in their case.

Child Custody Attorneys In Cleveland, Ohio

Child custody proceedings can be grueling for parents and children alike. Unfortunately, there are times when disputes arise and parties simply cannot see eye to eye. In cases like these, a judge may appoint a guardian ad litem. While this likely isn’t your ideal scenario, it can be a necessary step to ensure that your child is best cared for during this trying time, and that their needs will continue to be adequately cared for going forward. 

The expert legal team at the Law Offices Of Cara L. Santosuosso, LLC can help you if you are facing a child custody case as part of your divorce. Regardless of what happens, we will always advocate for you and your family. The most important thing to preserve is your relationship with your child and their health and well-being. That said, it can be tricky to navigate this process, so speaking with an experienced child custody attorney is a good place to start. Contact us today to learn more or schedule your consultation online.