Family Law AdvisorŪ
Frequently Asked Questions
- Guardian ad Litem FAQ's -
1) WHY IS A GUARDIAN APPOINTED?
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).
2) WHAT DOES A GUARDIAN DO?
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.
©1997 LawTek Media Group, LLC
and Anthony M. Zezima, Esquire
all rights reserved
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