Guardian ad litems play important roles in many custody cases. The recommendations of Alpharetta guardian ad litems often form the basis of many custody arrangements. However, sometimes the investigations of guardian ad litems are inadequate, and their recommendations may reflect that. When that happens, it may be important to take steps to challenge the recommendations.
Regardless of whether you are wondering about the role of a guardian ad litem’s recommendations or looking to challenge an investigation, a skilled custody lawyer can help. They can advocate for your interests throughout the process of the guardian ad litem’s investigation to make sure you reach a fair agreement.
A common recommendation that a guardian ad litem will make to the court is which parent should have primary child custody. There are also smaller issues that a guardian can make a recommendation on, such as which parent should have final decision-making on certain issues. An example would be a child who has a medical issue or some sort of special need. The guardian might talk to doctors and the parents and then make a recommendation to the court.
However, regardless of the recommendation a guardian makes, the judge has the final say. Overall, judges like using guardians because they are able to get a lot more information than they would from a hearing. Typically, they are strongly influenced by the guardian ad litem’s recommendation.
There are many ways in which a guardian ad litem’s investigation could be inadequate. For example, if one of the issues in the case is regarding how a child is performing in school and the guardian ad litem does not look at the school records or talk to the teachers, their investigation would not be adequate. Similarly, if a child has a mental health issue and the therapist has some helpful information about what is going on in each parent’s home, but the guardian fails to talk to the therapist, that is also a significant misstep in the investigation.
It is crucial that a guardian ad litem’s investigation be thorough. If someone receives a guardian ad litem report that is against them but has not addressed every concern, there are ways to show that the investigation was inadequate. An attorney can help evaluate whether a guardian ad litem’s investigation was thorough and advocate for the interests of a parent.
A parent always has the option to go to court and argue that the guardian’s recommendation is wrong. The judge is the one who makes the custody decision, the guardian ad litem is only making a recommendation as to what they think is best.
However, since judges often rely on the recommendations of guardians, so it is important to know that it is a risk to go to court against the guardian’s recommendation. Typically, it is important to have an attorney to show the weaknesses in the guardian’s investigation. An attorney can present evidence to show why a different outcome is best for the children.
The other option is to try to change the guardian ad litem’s mind. To do this, the attorney must keep track of the investigation and make sure they provide additional information if necessary to make sure that their investigation is thorough.
Judges often take the recommendations of an Alpharetta guardian ad litem seriously when determining custody. However, that does not mean they are always right. To learn more about the weight of guardian ad litem recommendations and how to challenge an inadequate investigation, call today for a consultation.
Atlanta Divorce Law Group