Family Law

Guest Post :: What This Guardian ad Litem Wants Attorneys to Know

By J. Benjamin Stevens

Earlier this week, I published a guest post from my good friend, Joanne Hughes Burkett, that explained what she believes Guardians ad Liten want parents and parties in child custody cases to know.  You can read that post by clicking here.  In the conclusion, she directs her attention toward attorneys to help educate us and help us provide better service to our clients in these cases.

What this Guardian ad Litem wants attorneys to know:

• I am prohibited by statute from acting as a mediator, but I can and should be a part of settlement negotiations and mediations.
• I can help you with your case and with your client. Talk to me and listen to me. We don't have to agree, but I am not your adversary. I didn't bring this case. In advocating for my client, I am just trying to make the best of a bad situation.
• The first person to meet with the Guardian ad Litem (GAL) is not necessarily the 'winner' so even if your client is anxious, do not have them call me immediately after the hearing wherein I was appointed. Until I have an Order of Appointment from the Court clearly outlining the fee structure and copies of the pleadings from the attorneys, I cannot know who I represent, who the parties are, or how to talk to them about issues and fees.
• I am not unreasonable about fees and will work with a parent who asks. I try hard to be fair and not prejudice a parent with limited means, but I am less lenient when parties hinder my efforts to be efficient and balk at paying what the Court orders.
• I do not want to meet with the children first, so don't tell your client to bring them to see me. After I have read the pleadings and met the parties, I will decide where and how best to meet with my client, the child.
• All Guardians ad Litem do their work differently. Know your GAL so you can prepare your client to meet with him or her.

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 20, 2011 (boomark / email).