Family Law

Guest Post :: What This Guardian ad Litem Wants Parents and Parties to Know

By J. Benjamin Stevens

In cases that involve custody or significant visitation disputes, the Court appoints a Guardian ad Litem to protect the interests of the children.  The Guardian's role is to investigate the allegations and issues in each case and to try to help the Court act in the children's best interest.  It takes a certain type of person to undertake this tremendous responsibility, and they are an integral part of the judicial process.

One of my good friends, Joanne Hughes Burkett, regularly serves as a Guardian ad Litem in Family Court cases, and she does an exceptional job.  Because I respect her work so much, I asked her to write a series of guest posts for my blog that address the things that Guardians want others to know.  Part one explains what she believes that Guardians want parents and parties to know, and part two explains what she thinks Guardians want attorneys to know.

What this Guardian ad Litem wants parents and parties to know: 

• A Guardian ad Litem (GAL) is not your child's guardian. A guardian is a person who legally has the care and management of a child. Typically, this is a parent. The role of the Guardian ad Litem is to assist the Family Court Judge in ascertaining the best interests of your child.
• The Guardian ad Litem will NOT make the final decision about custody and visitation. Only the Family Court Judge can make that decision. The Guardian ad Litem's report is only one of the things the Judge will consider in deciding what is best for your child.
• The Guardian ad Litem's role as legal advocate for your child ends at the Final Hearing, unless that Order is appealed. We are not their GAL forever.
• You control how expensive the case is, and, by and large, the Guardian ad Litem's fee, which you will have to pay. Be careful not to run up the bill.
• If you think there is something the Guardian ad Litem needs to know, tell your lawyer first. It could affect the strategy of your case. If the GAL needs to know, your lawyer can write, fax, call, or email the information.
• What you tell me is NOT confidential. Because I am not your lawyer, I do not have a duty to keep in confidence anything you tell me.
• I cannot give you legal advice, so if you have questions or concerns, talk to your attorney.
• All Guardians ad Litem do their work differently. Ask your lawyer how to best work with the GAL in your case.
• The less a child knows about the litigation, the more impressed I am with the parties.

Joanne Hughes Burkett was a volunteer Guardian ad Litem for abused and neglected children before attending law school. She became a licensed attorney attorney in 2005 and practices exclusively in Family Court.  Ms. Burkett can be reached via email by clicking here.

Full post as published by SC Family Law Blog on January 19, 2011 (boomark / email).