What is the Role of a Guardian Ad Litem in Custody Litigation?

In many cases, divorces in Georgia go fairly smoothly. The attorneys on both sides manage to navigate settlement deals, child custody, and child support with only a few minor bumps in the road along the way. However, sometimes, divorces are so contested and the former spouses are so angry and hurt that they can’t get along enough to work out any deal when it comes to keeping their children’s best interests in mind.

At Buckhead Law, we understand that if this is the case, a Guardian Ad Litem is assigned. Ever wondered what a Guardian Ad Litem does? Why get them involved in the divorce? What’s their main purpose? Here are the answers to those frequently asked questions and more for those who are just beginning the divorce process and are anticipating a large amount of push-back from their soon-to-be ex-spouse.

What Exactly is a Guardian Ad Litem?

A Guardian Ad Litem is a person who works within the court system. They represent minors during court proceedings like divorces, ensuring that their needs and best interests are put at the forefront of all decisions being made during the divorce. For example, if two divorcing parents can’t agree on who should have primary or majority custody and things are so bitter between them that the decision making process is hampered, even in court-appointed counseling sessions, a Guardian Ad Litem may be appointed to speak for the children and sort everything out.

What Does a Guardian Ad Litem do?

Not only does a Guardian Ad Litem represent their “clients,” i.e., the children, in court, but they also have a number of other things to do that relate to this duty. A Guardian Ad Litem can:

Go to the Child’s School – In order to find out more about how the children are handling the divorce and other issues, they can be asked to visit their school and ask their teachers, administrators, and other people questions about the kids and their recent behavior.

Other Investigations – Along those same lines, the Guardian Ad Litem will talk to the kids, both together and individually, as well as discuss things with any neighbors or other members of the community who may know how the children are handling things.

Recommending Things Like Custody Solutions to the Court – Once a Guardian Ad Litem has a clear idea of what’s best for the children, they will recommend and provide suggestions to the court regarding what they think the ideal custody arrangement should be.

Following Court Orders and Other Necessities – The Guardian Ad Litem will make sure that the kids attend the required court dates and make sure that everyone complies with court motions and other necessary legal proceedings.

Most Importantly – They Give Kids a Voice

A Guardian Ad Litem essentially acts as the child’s voice. When children and their needs take a backseat to their divorcing parents and the bitterness between them, the kids and their opinions may not be heard by either the court or the parents. The Guardian Ad Litem position is designed to speak out on the child’s behalf, so their best interests stay in the forefront of everyone’s minds.

Need a Top-Rated Divorce Lawyer in Georgia to Help with Your Custody Issues?

Divorces in Georgia don’t always go smoothly, especially where custody issues are concerned. Are you worried about not getting primary or evenly shared custody? Do you want to reach a custody agreement that is what’s best for kids? Are you worried about not getting the custody agreement that you want? You’ll need a good Georgia divorce lawyer in order to get all of these details worked out.

At Buckhead Family Law, our legal team works diligently to meet the needs of clients getting divorced in today’s tech driven world – this means taking everything online into consideration. One thing that hasn’t changed about divorce? It is still one of the most harrowing experiences someone can go through, and we understand that. That is why we always treat our clients with grace and compassion.

Need help? We are here to assist you as you begin the next chapter of your life while ensuring that all of the loose ends are tied up in the least complicated way. Schedule a consultation today by calling us at 404-390-0000.