Cherokee County Guardian ad Litem Lawyer

A guardian ad litem is a person appointed by a judge to investigate a situation and make a report to the court. The use of guardians ad litem is most prevalent in cases where the well-being of children is an issue. When parents cannot agree on custody, the court will often appoint a guardian ad litem.

When you and your coparent have a custody dispute, work with an experienced Cherokee County guardian ad litem lawyer. Our skilled child custody attorneys have a role in picking who will serve as a guardian ad litem, and their knowledge can be valuable in navigating the investigation and obtaining your desired results.

Understanding the Role of a Guardian ad Litem

In custody disputes, a guardian ad litem (GAL) works as a neutral third party to determine what outcome serves the children’s best interests. Rule 24.9. Georgia Rules of the Superior Court describes the qualifications and duties of a GAL. Most are attorneys with family law experience plus thorough training in conducting custody investigations.

When parents in Cherokee County are in a custody dispute, their attorneys will often seek the appointment of a guardian ad litem to provide information to the family court judge deciding custody. The parents are responsible for the GAL’s fees and usually agree to share the cost.

The opposing attorneys typically agree in advance on a specific person to be the GAL in their case. Occasionally, the judge may pick the GAL, hopefully, wih input from the parents’ attorneys. Experienced custody lawyers have the opportunity to work with many GALs and develop an understanding of how the various GALs in their community approach their responsibilities.

Working With a GAL During an Investigation

GALs have broad investigatory powers. They will visit your home and your coparent’s home, usually several times, and will observe you with your children. They can speak with the children outside your presence, and can interview:

• Doctors;
• Therapists;
• Teachers;
• Extended family members;
• Neighbors;
• Coaches;
• Anyone else who might have useful information.

Some parents sometimes find their activities intrusive, but a diligent GAL looks for as much information as possible from as many sources as possible.

A Cherokee County parent’s attorney can request the GAL to look into specific events or circumstances. They can suggest people for the GAL to speak to and information to request from the opposing side. Discuss the possibilities candidly with your attorney before they make the request.

Although working with a GAL is sometimes uncomfortable, being as cooperative and responsive as possible is critical. The GAL will report to the judge about the custody solution they believe serves the children’s best interests. Although the judge is not bound by a GAL’s recommendation, it is usually highly influential.

Benefits of Requesting a GAL

Judges must make custody determinations based on the children’s best interests, but they often do not have sufficient information to draw an accurate conclusion. The GAL can act as an expert witness for the judge, reporting their observations and conclusions based on personal experience with the children, the parents, and others.

Sometimes, parents are concerned that something improper or unhealthy is happening in the other parent’s home. The GAL can determine whether there is reason for concern. Hiring a GAL can save money and time in the long run because a GAL report often induces the parties to reach a custody settlement, avoiding the need for a trial on custody issues.

A Cherokee County attorney can challenge the GAL’s conclusions when the GAL’s report does not support your desired outcome. If the GAL did not interview everyone the parent asked them to speak with or did not consider information the parent thinks is relevant, a member of our legal team might raise the issue with the family court judge.

Work With a Cherokee County Custody Attorney When Your Case Requires a GAL

Guardians ad litem have a crucial role when family court judges must decide custody matters. They can provide a neutral, objective, and informed opinion about the custody arrangement that best serves the children’s interests. However, working successfully with a guardian ad litem requires guidance from a skilled and experienced custody attorney.

Our Cherokee County guardian ad litem lawyers understand the importance of the role and how to achieve the desired results. Call a member of our intake team today to get started.