Has your attorney mentioned the possibility of having a Guardian Ad Litem provide the Court input as to what is in the best interest of your child?

You must consider that you and your Attorney (if applicable) represent only your interest in the adversarial process. Vice versa for the other party. In that tug of war, who is wholly advocating for your child – free from bias, interest in “winning”, etc? It is hard to truly place your child’s best interest in a position separate from your own in litigation. This is why a Guardian Ad Litem (GAL) can be so beneficial as the GAL looks only to what is in the child’s best interest.

In a domestic relations case, the GAL is commonly brought in to review issues of timesharing and decision-making of the minor child between the parents, and therefore must look to the statutory factors outlining what constitutes the “best interest” of a minor child. The GAL has the responsibility and authority to speak with any persons who may have knowledge regarding the minor child’s well-being and to review any pertinent records. This could include conversations with schools, daycare workers, physicians, or any other person that may be entrusted by the parties with the care of the minor child.

To obtain a GAL, the parties can stipulate to bring the GAL on as a party to the case or one of the parties can file a Motion for the appointment of a GAL.

Should you have further questions regarding the role of the GAL or procedural considerations of obtaining a GAL for your case, please contact our office.