The Role of a Guardian Ad Litem in California Child Custody Cases

Legal issues involving children can be complicated, especially child custody matters. Oftentimes both parents want full custody, so coming to a mutual agreement can be a huge struggle. Because of this, sometimes outside help is necessary.

A family member or close friend may be able to help the parents come to an agreement, but if not, then the court will turn to legal help through a guardian ad litem. A guardian ad litem plays a temporary role in legal cases involving children.

A guardian ad litem is typically appointed in situations where there is a need for someone to represent the best interests of a child or incapacitated person in legal proceedings. The role of a guardian ad litem is to protect the interests of minors and wards. They are essentially agents of the court. Here’s a closer look at why one may be needed and the role they play in the court system.

When is a Guardian ad Litem Appointed?

Here are some situations where a guardian ad litem may be needed:

• Child custody cases. In contentious divorce or custody battles, a guardian ad litem may be appointed to investigate the circumstances and make recommendations to the court regarding what arrangement would be in the best interest of the child.
• Guardianship proceedings. When there are disputes over who should be appointed as the legal guardian of a minor or incapacitated person, a guardian ad litem may be appointed to assess the situation and make recommendations to the court.
• Child abuse or neglect cases. In cases where there are allegations of child abuse or neglect, a guardian ad litem may be appointed to represent the child’s interests and ensure they are protected throughout the legal process.
• Adoption cases. In adoption proceedings, particularly in cases where there may be disputes or concerns about the fitness of the prospective adoptive parents, a guardian ad litem may be appointed to advocate for the best interests of the child.

What Does a Guardian ad Litem Do?

The main role is to serve as a voice for children, who often have little knowledge of the legal system and how it works. These legal professionals protect the legal rights of minors and look out for their best interests.

How a guardian ad litem will go about this will depend on the unique circumstances of each case. However, here are some common actions they will take:

• Investigating. They conduct thorough investigations into the circumstances surrounding the case. They will interview the child, parents, caregivers, and other relevant parties. They may also review documents and records related to the case.
• Advocating. They advocate for the best interests of the child throughout the legal process. This may involve making recommendations to the court regarding custody, visitation, placement, or other matters affecting the child’s well-being.
• Monitoring. The guardian ad litem monitors the situation over time to ensure that the court’s orders are being followed and that the child’s needs are being met. They may visit the child’s home, observe interactions with family members, and communicate regularly with relevant parties.
• Reporting. They provide written reports to the court detailing their findings, recommendations, and observations. These reports are often crucial in helping the court make decisions that are in the best interests of the child.

In child custody cases, a guardian ad litem can be especially helpful by serving as a neutral party. They can help emphasize the child’s preferences to the court. This can be helpful for younger children who may have a preference, as they are more comfortable around a certain parent. They can help to represent that child’s preference in court.

Another situation in which they can be helpful is if the child demonstrates at-risk behavior. When a child demonstrates delinquent behavior in a family law case, a guardian ad litem can help ensure that the child is protected and helped at the same time. They will investigate the circumstances of the child’s life to help find the best solution.

The legal process is complex enough for the average adult. That is why children are appointed guardians ad litem to help them with legal issues and ensure their best interests are kept in mind.

Related Links:

• Don’t fall for some common child custody myths
• Fighting for your custody rights without hurting your kids
• Find a way to keep your patience in custody matters
• Points to consider for special needs child custody
• The most common child custody issues in California
• Are There Unique Considerations for Child Custody of Special Needs Children?