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role of the Guardian ad litem

Merriam-Webster's Dictionary of Law gives a clear definition of the role of a Guardian ad Litem in a divorce case. It states, that a Guardian ad Litem is a guardian appointed by a court to represent in a particular lawsuit the interests of a minor, a person not yet born, or a person judged as incompetent.

The guardian ad Litem is much like a private investigator hired by the courts to look into the best interest, in majority of cases of children, but not excluding, mentally ill adults. Currently, those individuals who are Guardians ad Litem, (GAL) are usually mental health workers, psychiatrist, psychologists, who are trained specialists when it comes to determining parental capability and mental status, or often times a lawyer. Although in theory, any individual can become a GAL at the appointment of the court.

For example, if I wanted to become a GAL to make some extra money, I would have to write a letter to the court and request that I am put on a list, of perspective GAL's. When the time arises, the judge will choose off the list, and I could be chosen. Is it likely that the average person can become a GAL? No, it's not. The judge will use discretion and choose an educated individual to assi


The next step in the Guardian ad Litem will perform is an analysis, of the information he/she has gathered. What are the important facts? What is not important? What kind of information will effect the outcome of the case, and have the largest impact on the child's well being? This part of the process is what makes some lawyers cringe the most. The GAL is using his/hers own discretion to decide the fate of a child, or and individual not capable of deciding for themselves. They are inflicting their own morals, ethics, and influencing their opinions on the court.

Although this case was complicated, it showed how powerful a Guardian ad Litem is to the court system. And if he or she does not perform the proper duty as a GAL, the court will find him at fault. The Guardian ad Litem is considered very powerful although all statements can not be proved 100% positive.

gn to a case. The state or the parents usually pay GAL's.

During the proceeding's the wife discharged her lawyer and "abandoned her counterclaim against the husband." Clear evidence of her mental state and in effectively to represent herself. The West Virginia Bar, requested appropriate action regarding this case, and suggested an appointment of a Guardian ad Litem.

After completion of the analysis stage, report is filed to the court. The judge will use this information collected to make assist his decision when awarding custody.

The GAL in this case was intended to investigate financial positions of the parties and by failing to seek financial disclosure, the court declared. "He should have explained the legal issues to the wife, satisfied himself that she understood the advice, and informed her of the ramifications of available alternatives." If the wife persisted on acting against her interests, he should have made a record of these actions, before going to court, so that the court was confident that the wife was certain of her decisions she made for herself.

What exactly does a Guardian ad Litem do, and how did the Gal in the case of the abused 13-year old come to his discovery? Well, the first job of the Gal is to find out the facts. He or she will talk with the parents individually, and the children involved. Often time visit the homes, and watch how each child interacts with the parent. The parents can also give what is called collateral's. Collaterals are names of people who they can talk to who will give a statement regarding the situation. These individuals could be relatives, grandparents, teacher's etc. a liable source to speak on behalf of the parent and child.

The concept of the courts using a Guardian ad Litem was new to me. I am fortunate to not have been a child of divorce and had never heard of t

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Approximate Word count = 1824
Approximate Pages = 7 (250 words per page double spaced)


  

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