Divorce is a complex and emotionally charged process, especially when children are involved. In cases where parents cannot agree on what is best for their child, a Guardian Ad Litem (GAL) may be appointed by the court to protect the child’s interests and provide recommendations. It is important for parents and their attorneys in Tennessee to understand the role of a GAL as it is defined by law.
What Is A Guardian Ad Litem?
A Guardian Ad Litem serves as a court-appointed advocate for the child. Their main responsibility is to investigate and gather relevant information about the child’s circumstances, such as their living arrangements, education, medical care, and emotional needs. Based on their findings, the GAL then makes recommendations to the court regarding what is in the best interests of the child. It is important to note that a GAL’s role is not to advocate for the interests of either parent, but solely for the child’s well-being.
When Is A Guardian Ad Litem Needed?
There are several situations in which a Guardian Ad Litem may be appointed:
- When parents cannot come to an agreement regarding custody or visitation arrangements.
- When one parent raises concerns about the other parent’s fitness to care for the child.
- When one parent wishes to relocate with the child.
- When allegations of abuse or neglect are present.
A Guardian Ad Litem can be appointed either at the request of a parent or at the court’s discretion.
How Is A Guardian Ad Litem Selected?
In Tennessee, a Guardian Ad Litem is typically an attorney who has been licensed to practice law. However, it is important to note that they do not represent either parent or the child. The court selects a Guardian Ad Litem from a pool of qualified applicants who have received specialized training to serve in this role. Factors such as the GAL’s experience, education, and background may be taken into consideration during the selection process.
What Does A Guardian Ad Litem Do?
The primary duty of a Guardian Ad Litem is to thoroughly investigate the child’s situation. This includes speaking with the child as well as other relevant parties such as parents, teachers, doctors, and therapists. Additionally, the GAL may review school and medical records, and observe interactions between the child and their parents.
Based on their investigation, the Guardian Ad Litem may provide recommendations to the court regarding custody, visitation, and parenting plans. They may also offer guidance on other important matters such as the child’s school enrollment or medical treatment.
In addition to their investigative role, a Guardian Ad Litem is also responsible for appearing in court and testifying on behalf of the child’s interests. Their presence ensures that the court has all the necessary information to make a well-informed decision that aligns with the child’s needs and best interests.
What Are The Limitations Of A Guardian Ad Litem?
It is important to understand that a Guardian Ad Litem does not have the authority to make final decisions. Ultimately, it is the court that determines what is in the best interests of the child, taking into account the recommendations provided by the GAL as one factor among others.
It is also worth noting that a Guardian Ad Litem’s investigation may be restrained by court orders or financial limitations. It is not the role of the GAL to replace parenting time or counseling. Parents should continue to be actively involved in their child’s life throughout the divorce process.
How Much Will A Guardian Ad Litem Cost?
The cost of retaining a Guardian Ad Litem can vary depending on the circumstances of the case. Typically, in Tennessee, the cost is divided between both parents. However, if one parent is unable to afford their share, the court may order the other parent to cover the full cost.
Conclusion
A Guardian Ad Litem offers a valuable perspective on what is in the best interests of a child during a divorce. It is important for parents to recognize that the GAL’s role is solely focused on advocating for the child and not for either parent. Understanding the limitations of a Guardian Ad Litem is crucial, and parents should continue to actively participate in their child’s life during the divorce proceedings. Openness, honesty, and cooperation with the GAL’s investigation can empower parents to make informed decisions about their child’s future.