Children Laws

Understanding Guardian ad litem

Understanding Guardian ad litem

Understanding Guardian ad litem

A guardian ad litem is a court appointed attorney who is
responsible for analyzing the facts surrounding specific cases and taking a
position on guardianship
 authorization.
They will determine what is in the child’s best interest
 and
ascertain who they believe should be granted child custody
 before the
guardianship order is announced.

The guardian ad litem is not a legal guardian that
receives custody of a child. They receive no rights regarding the upbringing of
the child
; they only
investigate the details of the case in order to authorize the guardianship
order.

The guardian ad litem is especially important in
cases of divorce, in which the parents are unable to agree on the custody of
their children. Usually, the court will promote negotiation in order to reach a
conclusion in such instances
. However, if this is not feasible then the
court will appoint a guardian ad litem to assist in guardianship authorization.

The guardian ad litem may converse with both the parents
and the
 children
to ensure
abuse has not occurred and that the
parents effectively manage their anger before the court will provide
guardianship authorization. Other factors that will be taken into consideration
include the physical and mental health of the parents, whether or not a parent
has a history of drug or alcohol abuse
, and whether the
environment that each parent is offering would be a stable and safe place for a
child to grow up in. They will make a note of any factor that may be relevant
to the health and the well-being of the child.

Each
parent’s financial situation may also be taken into account. Once the guardian
ad litem has gathered and analyzed all of the facts about the case, the judge
will make a decision about who will be granted custody of the child.

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