Determining custody is always a difficult part of divorce. However, a guardian ad litem can help determine custody in an Alpharetta case. They can work to fully investigate your family’s circumstances and make a recommendation based on their findings.
A well-versed custody lawyer can explain the role of a guardian ad litem and how they can help in your case. If you decide this may be a helpful step, an attorney can help find a highly qualified professional who can help your family reach the best possible arrangement.
A guardian ad litem is an individual who is appointed by the court to conduct an investigation in a custody case where the parties cannot reach an agreement. The guardian ad litem will conduct an investigation and make a recommendation to the court about what they believe is in the best interest of the children.
Typically, the attorneys who represent the parties will discuss different people who can serve as a guardian ad litem. Then they will submit a consent order to the judge asking them to appoint the guardian. If the parties either do not agree that a guardian ad litem is needed or cannot agree on a specific person to serve as the guardian, then the judge will decide.
It is possible for a guardian ad litem to be removed or changed, but this is usually not recommended. Typically, if a party asks for a new guardian, the judge is going to perceive it as the party being disgruntled by the recommendation and will most likely not approve the request.
A guardian ad litem often becomes involved very early in a contested custody case. However, sometimes it is not until later in the case that it becomes apparent that there is a significant issue where a guardian ad litem could be helpful. For example, if it is discovered that one of the children has a special need and the parents disagree on how to treat that special need and what kind of visitation schedule is best for that child, a guardian ad litem may become necessary.
It is important to note that, in an investigation into a contested custody case, the guardian ad litem does not have any ability to make decisions. Their role is purely to investigate and make a recommendation. The guardian ad litem order will allow the person appointed to access information such as school records, medical records, and mental health records to help them make a recommendation. The guardian will also meet with the parents and children and talk to anyone with knowledge about the kids and the parenting style of each parent such as doctors, teachers, and therapists. The guardian then determines what is in the best interests of the children based on the information they gather.
A common reason someone would request a guardian ad litem is if they are in the middle of a contested custody case. A guardian ad litem can conduct a far more in-depth investigation into the custody issues than a judge can and therefore help create a solution that may be better suited for a family.
A judge only has a few days to hear the evidence. Therefore, it can be very helpful for a party to ask for a guardian ad litem who can review and consider every little detail of their family situation. An attorney can help determine whether appointing a guardian ad litem may be beneficial to an Alpharetta custody case.
A guardian ad litem can help in a contentious Alpharetta custody case. By fully examining your family’s circumstances, they can provide an unbiased, professional opinion regarding what would be in the best interests of your child. If you are in the middle of a custody case and would like to learn more about the role of a guardian ad litem, call today to speak with a member of the team. Call now for a consultation.
Atlanta Divorce Law Group