Divorce involves conflict and disagreement. While the two spouses may be able to negotiate and compromise in some areas, most often, they will not agree on everything, thus the initiation of a divorce. Issues surrounding the best interests of children is the area that often creates significant conflict amongst parties. A couple’s disagreements about their children can be difficult to resolve on their own; thus, it is often beneficial to address these matters with the assistance of outside experts.
Judges can appoint Guardians Ad Litem, Child Custody Evaluators, or Case Managers in situations where the parties to a legal action (divorce, post-divorce, paternity, etc.) cannot come to an agreement on their own and significant questions about the children’s best interests arise.
This brief outline intends to help parties better understand the purpose of each and when they are necessary.
Guardians Ad Litem
A Guardians Ad Litem (GAL) are lawyers who represent a child’s best interests in a legal matter. They conduct thorough investigations and make recommendations to the Court about the children’s best interests. These lawyers have specialized training to serve in this capacity. A note of importance, this lawyer can make recommendations that are outside of the children’s desires (if the children are of the age and maturity at which their desire may be considered by the court) because this means that they will not necessarily advocate for everything that the child wants, but rather, what is in the child’s best interests.
Courts often order that parents divide the cost of the GAL’s services equally but have wide discretion to divide the costs in different percentages. Also, it is critical to understand that the GAL does not represent either parent. Rather, the GAL is the advocate for the child’s best interest, and they investigate the relationship between parents and the child.
The Court may grant the GAL authority to contact the children’s doctors, school officials, extended family members, and family therapist to get more insight on the case. At the end of this process, the GAL submits a written report about their investigation and recommendations for the child to the Court. The Court may or may not allow the parents to read the actual report. Typically, in cases where both parties are represented by an attorney, the Court will order the attorney to summarize the GAL’s findings rather than permitting the parties to have access to the full document. The goal is to protect any of the parties who were interviewed or investigated from having repercussions from either party as to what was disclosed.
Child Custody Evaluators
Another type of professional that can be appointed to a case is a Custody Evaluator. Unlike a GAL, the Custody Evaluator is not often a lawyer but rather a mental health expert, most often a therapist, psychologist, or clinically licensed social worker. A Custody Evaluator will interview the children and parents to understand their desires. In addition to conducting interviews with anyone (i.e. doctors, school officials, siblings, parents, etc.) who can shed light on the child’s best interests, the custody evaluator will likely conduct psychological tests on the children and parents.
Like the GAL, the evaluator will also provide written recommendations to the court about how they believe the child custody issue should be resolved. As with the GAL, the Court has wide discretion in dividing the costs or ordering either party to advance initial costs.
Either parent can request a child custody evaluator to consider the case. Courts can also choose to appoint either a GAL or Child Custody Evaluator if they believe that an investigation and report will help them best understand the child’s needs.
Case Managers
The other type of professionals that can be appointed in a domestic case are case managers. Case managers are typically attorneys. These lawyers have additional training to serve in this capacity. Case managers are typically appointed in a case if the parties are unrepresented or, if due to the acrimony between the parties, the Court believes that a case manager will reduce the conflict and the costs of litigation between the parties.
A case manager’s job is to help litigants set up hearings with a judge to review their files and ensure all their correct forms are included. Their duties include helping reduce court intervention by monitoring the case’s progress, researching case histories, attending court, notarizing essential documents and paperwork, and issuing directives on simple issues that do not require a Court hearing or a Judge’s order. Additionally, a Case Manager can make recommendations to the Court in cases.
When are Guardians Ad Litem, Child Custody Evaluators, and Case Managers Necessary?
Although a judge will hear both sides of the parents’ story, judges typically do not have the ability to spend as much time on each individual case as does a GAL or Child Custody Evaluator. On the other hand, a GAL or child custody evaluator can spend significant time on a case and focus on your child’s best interest from a 360 perspective. They are impartial third parties and are not concerned with the reasons for your divorce.
A case manager will help you keep your case on track and help you collect all the information you need to give the judge to avoid a case dismissal. Additionally, they can help issue directives on minor concerns rather than requiring the parties to address those issues through a motion and a hearing.
Even when these professionals are involved, you need a strong advocate to represent your interests. At Addair Law, we have attorneys dedicated solely to Domestic Law. Our attorneys understand how these professionals will impact your case and can help put you in the best position to be successful in your requests. Beyond helping you collaborate with these professionals, we serve as your advocate. We will be your voice.
Contact our office today to speak to start working with one of our experienced Family Law Attorneys.