Child custody cases can be heart-wrenching, particularly when the parents are unable to reach an agreement about the best interests of the child. In these situations, the court may appoint a Guardian Ad Litem (GAL) to represent the child’s best interests in the case.
We’ve prepared a short run-down on the various things to know about Guardian Ad Litems, so if you are curious about this important aspect of family law, read on.
What is a Guardian Ad Litem?
A Guardian Ad Litem is a court-appointed attorney or advocate who represents the best interests of a child in a legal case. The GAL is responsible for investigating the case and making recommendations to the court about what is in the best interests of the child. This may include recommendations about physical custody, legal custody, and visitation.
Responsibilities of a GAL
The GAL has several responsibilities in a child custody case, including:
- Investigating the case: The GAL will conduct an investigation of the case, including interviewing the parents, the child, and other relevant parties.
- Gathering information: The GAL will gather information about the child’s living situation, their relationship with each parent, and any other relevant information that will help the court make a decision.
- Making recommendations: The GAL will make recommendations to the court about what is in the best interests of the child. This may include recommendations about physical custody, legal custody, and visitation.
- Representing the child: The GAL will represent the child’s best interests in court and will advocate for the child during the legal process.
Appointing a Guardian Ad Litem
A GAL can be appointed in a child custody case by the court. The process of appointing a GAL typically includes the following steps:
- A request is made: Either parent or the attorney can request that a GAL be appointed in a child custody case.
- The court reviews the request: The court will review the request and determine whether it is necessary to appoint a GAL in the case.
- The GAL is appointed: If the court determines that a GAL is necessary, they will appoint a GAL to the case.
- The GAL conducts an investigation: The GAL will conduct an investigation of the case, including interviewing the parents, the child, and other relevant parties.
Potential Challenges
While the role of a GAL is to represent the best interests of the child, there can be challenges that may arise during the process. Some common challenges include:
- Conflicting recommendations: The GAL may make recommendations that conflict with the recommendations of the parents or other professionals involved in the case.
- Limited time: The GAL may have limited time to conduct an investigation and make recommendations, which can make it difficult to fully understand the child’s best interests.
- Limited resources: The GAL may have limited resources to conduct an investigation, which can make it difficult to gather all the necessary information.
- Resistance from parents: The GAL may face resistance from the parents, who may not agree with the GAL’s recommendations.
What You Need to Know about the Role of a Guardian Ad Litem
The role of a Guardian Ad Litem in Oklahoma child custody cases is crucial to ensuring that the best interests of the child are represented in court. A GAL conducts investigation and make recommendations to the court about what is in the best interest of the child. However, the process can be challenging, particularly when there are conflicting recommendations or limited time and resources.
It is important for parents to understand the role of the GAL in the child custody case, and to work with the GAL to ensure that the child’s best interests are represented in court. The GAL can play a vital role in helping the court make a decision that is in the best interest of the child and promote a positive outcome for all parties involved.
Free Consultation With A Tulsa Child Custody Lawyer
It’s in your best interest to work with a lawyer who has experience dealing with GALs. The Divorce Law Office of Tulsa has dealt with numerous GALs over the years and is available for free consultations. To contact one of our expert Tulsa child custody attorneys, call us at 918-924-5526. If you prefer email, you can use the contact form at the top of the site. Either way, a child custody lawyer in Tulsa will be in touch with you soon.
