When is it time to ask for a Guardian ad Litem?

In divorce cases involving minor children, Guardian ad Litem advocates for the best interest of the children

A Guardian ad Litem, also known as a GAL, is an attorney appointed by the Court to represent the best interest of the children in the divorce.  The GAL will do their own investigation of the facts of the case and present an investigative report and final recommendation to the Court.

However, a GAL is not your adversary in your case.  Just the opposite.  The attorney is there for the best interests of your children, so as long as you have your child’s best interest in mind, you can work together for the best outcome of your case.  There are a few compelling reasons that would lead a party to request a GAL.

An unreasonable parent

If the other party is being unreasonable in their demands with the children, and it is not in the children’s best interest, requesting a GAL is the next step. If the other parent is truly acting unreasonable, the GAL will be able to spot this behavior and try to intervene.  At the very least, the GAL will report the behavior to the Judge and that will be taken into consideration with any decision. Courts give great deference to the GAL’s report and recommendation, as they have done all of the leg work.  Using their expertise is a surefire way to work on ending the unreasonable behavior.

A Guardian ad Litem wants parents to work together FOR THEIR CHILDREN

If a couple is already known to butt heads frequently, being proactive and requesting a GAL is a excellent step to help the situation. By providing a neutral third party who has the best interest of the children on the forefront of their mind at all times, can help steer the parents in the right direction for a collaborative resolution to the case.

Like with anything, there are risks to having a GAL as well.  The GAL could end up costing you a lot of money and ultimately make a recommendation that you do not agree with. If you are debating engaging in requesting a GAL, contact a family law attorney today!

Contact the family law lawyers at Divergent Law today for legal advice & assistance with your divorce.