A guardian ad litem is appointed by the court to help protect the interests of the child during legal proceedings. The court appoints such a guardian in the case of neglected and abused children. Sometimes, if parents bitterly contest child custody during divorce proceedings, the court appoints a guardian ad litem.
Typically an Attorney
Most states require the guardian ad litem to be an attorney. In any case the person appointed as guardian ad litem needs to be familiar with family law as well as have worked with children. If you can show that you love children and care for their rights, you are more likely to be selected as a guardian ad litem. The guardian ad litem is not a general guardian who looks after the child, but rather somebody who ensures that the child’s rights are protected during a case proceeding. As a guardian ad litem, you will not be presenting the child’s view of the case, but representing the best interests of the child. You decide on this by both formal and informal discovery processes.
Application Process
To become a guardian ad litem, you need to apply with the local court. The court’s clerk will normally have the application form. Once you submit your application, it will be reviewed and your suitability will be assessed. Those with a criminal record or record of child abuse will be weeded out at this stage. Those convicted of assault and battery charges or domestic abuse too will be rejected at this stage.
Interview
Once your records are cleared, you will most probably be interviewed.
Training
Most states then train the selected candidates for an average of 30 hours. Here your duties and responsibilities will be explained to you. There will also be some discussion of the ethics to be followed as a guardian ad litem.
Experience
After the training is completed, you need to wait for the court to appoint you as a guardian ad litem. Courts normally choose experienced persons for this position. So, your first appointment might take some time. As you gain experience, you are likely to be called up on to act as a guardian ad litem more often.
Legal Help
If you are contesting child custody and the court has appointed a guardian ad litem for your child, you need to consult an attorney to understand all the implications. Normally the guardian ad litem is a neutral person who does not show bias against either party.
