In highly contested divorces or modifications, I often recommend retaining a Guardian Ad Litem on the case. Most people do not understand that the children are not going to be allowed to "go in and talk to the Judge," and often times the only way to get the children's voices heard is by and through a Guardian Ad Litem.
Why a Guardian Ad Litem?
A Guardian Ad Litem ("GAL") is usually an attorney hired by the divorcing couple (or the parent seeking the modification) to represent the child(ren) in a legal dispute concerning their custody or welfare. Having a Guardian Ad Litem reduces the "he said/she said" that the court has to hear. The GAL report is usually invaluable to the court left to make a permanent custody decision and usually gives it much weight in making its decision with regards to the children. The GAL is a neutral third-party that will make a report to the court based on it's findings from interviews. When the Court enters an Order appointing a Guardian Ad Litem, that guardian is not biased towards either the mother or the father and does not owe any allegiance to either party. They can be objective in the investigation and recommendation as to what disposition would be in the best interests of the child(ren).
What Does a Guardian Ad Litem Do?
A guardian is authorized by the Court and by agreement of the parties to investigate the entire background, living conditions, family relationships, and any other matter related thereto in order to make a recommendation to the court as to what would be in the best interests of the child as to placement, visitation, and other matters ruled upon by the court. They can make home visits, speak with anyone in person, by phone, or any other method of communication. They go to the schools or daycares and speak with the teachers. They can speak with the friends of the parents. They may speak with anyone who has important knowledge about the parents or the children. The guardian usually makes a report to the court recommending a specific outcome. The parties do not have to accept the report, but can present their own witnesses and evidence in court. The Judge makes the final determination on the disposition of the child(ren). However, the report of the guardian, if presented properly to the parties prior to trial, can sometimes lead to settlement of the issues without the expense of a trial.
Talk to a Florida Divorce Attorney
To talk to us about your case, either an initial custody determination or modification, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
