Typically, in a high-conflict custody battle an Oklahoma court will seek assistance from a guardian ad litem. This role is filled by a professional who will work with the child or children involved and uncover what is in the child or children’s best interests.
The guardian ad litem is solely there to protect the child and seek the best interests of the child.
A guardian ad litem is not to be confused as an attorney for the child. Rather, this role investigates the global issues of the family, circumstances, and needs in order to come to their own highly skilled opinion as to how custody should be ordered.
A child’s attorney on the other hand represents the child’s interests regardless of whether that interest is the best interest or not.
The Best Interests Standard
A guardian ad litem can be requested by either parent. However, it is up to the court to order it. This role can be filled by child advocate attorneys, social workers, or even mental health professionals. Most importantly, it is filled by individuals that are experts at determining the best interests of the child or children involved.
The best interests test is the gold standard in custody hearings, which is why guardian ad litems must be extremely knowledgeable about the test.
When Is A Guardian Ad Litem Appointed?
A guardian ad litem is almost always appointed in cases where there is alleged abuse or neglect, or where there is a clear showing that a child cannot speak for themselves.
If the custody issues are clearly contentious, it would be difficult for a 5-year-old to speak up and communicate important issues to the court. In this case, a court will assign an advocate to this child to investigate the family situation in order to determine the child’s best interests.
Parents that strongly disagree about a certain welfare topic concerning their child or one parent’s concern for their child’s welfare while at the other parent’s house can request a guardian ad litem to help resolve the issue.
If both parents agree to abide by the guardian ad litem’s determination on custody, they can save time and money by not litigating the issue.
How The Best Interests Standard Is Determined
The guardian ad litem’s main duty is to investigate and report to the court what custody arrangement is in the best interests of the child involved. Usually, the investigation comes in the form of interviews.
The guardian ad litem will interview you, your spouse, children involved, and anyone involved in your child’s life that could contribute important information to the custody issue.
Individuals who are mostly likely to be interviewed are teachers, family members, your child’s friend’s parents, neighbors, sports coaches, religious leaders, and friends of either parent.
The interviews will typically begin with you and the there parent, separately. You should be prepared for common questions the guardian ad litem will ask.
Common Questions From The Guardian ad Litem
- A short history of you and your spouse/child’s other parent relationship, including major impacts to the relationship, primarily how the two of you interact and how you interact with your child.
- How and why custody became contentious litigation.
- Your parenting style — are you’re a disciplinarian? Are you more relaxed?
- Your child’s routine, including school schedule, weekends and holidays.
- A list of around five people that the guardian ad litem can interview in order to gain more information
Free Consultation: Tulsa Child Custody Lawyer
Being a party to a high conflict custody battle is not only stressful, but there is room for error on your part. Many litigants are not familiar with the family court system and often find themselves lost in a maze of forms, hearings and rulings they don’t understand.
Guardian ad litems can be extremely helpful for your case and a great support for your child, but you need an advocate as well. Having your own family law attorney is essential to protecting your case.
Contact an knowledgeable Tulsa child custody attorney for help with child custody and expert representation for your divorce.
For a free, confidential consultation, call the Divorce of Tulsa Law Office at 918-924-5526.
