A guardian ad litem is appointed sometimes during a custody battle in a divorce case. The function of the guardian ad litem is to represent the best interests of the child and to speak for the child in court, ensuring his or her legal rights are protected. Children are not considered old enough or experienced enough to act for themselves or to speak for themselves in a court of law. When a divorce is messy, the parents may each be focused on their own needs and wants as far as custody, and thus it may be hard for a judge to take the parents word as to what is really best for the children. As such, the guardian ad litem is appointed by the court to evaluate the situation, talk to the child and family, and make recommendations to the court.
Dealing with a Guardian Ad Litem
It may be frustrating to you when you are going through a divorce to have to deal with a guardian ad litem, since this is just one more person who is going to be shaping your life and future, and one more thing to deal with as you go through the emotional and time consuming process of dissolving your marriage. However, you need to cope with the guardian ad litem, and there are several things you should do when dealing with him:
- Answer all questions openly and provide any necessary information: The guardian ad litem really is there to help, and to make a recommendation to the court, he needs all information. Don't hide details or be evasive, as the guardian ad litem may find out the information anyway and, if it is negative information, it can paint you in an even more negative light if you tried to hide it.
- Be calm, patient and nice to the guardian ad litem. Even if you are resentful about the presence of a person who is acting as guardian ad litem, you need to present your best face and be patient, warm and welcoming. The guardian ad litem is going to be making a recommendation to the court about whether you get custody and about what happens to your child. If you come across as angry, emotionally unstable or otherwise unfit to care for the child, then you may end up with the guardian ad litem recommending your spouse for custody.
Getting Help
For more details about how to deal with having a guardian ad litem be part of your divorce, you should consult with an experienced divorce attorney. Your attorney can help you present yourself to the guardian ad litem in the best possible way and can help you to determine how best to proceed so you can maximize the chance of getting custody of your kids.
