Exploring the Role of a Guardian Ad Litem in Family Law
Are you in a custody case and unsure whether you want a guardian ad litem appointed? My name is Carl Birkhead. I’m a family attorney in Oklahoma and I would like to discuss with you what a guardian ad litem is and what their role is within the confines of your custody case.
So first, a guardian ad litem or a GAL is an attorney appointed by the court to conduct an investigation over the custody situation and ultimately deliver a report to the court about their ideas regarding what would be in the child’s best interest. There’s been a move in recent years for the GAL to not actually give a recommendation but simply just report their findings it’s kind of hit and miss with who gets appointed or exactly how the report will be structured.
What Does a Guardian Ad Litem Do?
Most GALs that I know of typically like to do this when the kids are actually in the home so they can see the kids interacting in the home at that time, kind of get a little feel for how each parent interacts with the kids. And obviously, we’ll do just an interview with each parent and the children as well.
The purpose for this is to have a licensed attorney who’s skilled in family law to be able to come in and look at a situation with unbiased eyes. A GAL report, though, can come in with no bias, no, you know, well this is the one that’s paying me so this is the one I’m going to root for. They can give just an honest assessment of the situation for the court to determine custody.
Consider the Benefits of Having a Guardian Ad Litem
The report of a guardian ad litem is by no means binding, meaning that if the GAL report comes back and says these kids need to be with dad, that does not automatically mean that they are with dad. Just like if the GAL report comes back and says they should be with mom, that does not automatically just grant custody to mom. It’s just one factor for the court to consider, but it is actually a very helpful tool for the court to get a clear look at the situation without each side just trying to throw mud back and forth at each other. There’s a lot of benefits to a guardian ad litem.
Ready to Discuss Your Options? Contact Us for a Low-Cost Initial Strategy Session!
If you’re facing a custody case and are considering the appointment of a guardian ad litem, don’t hesitate to reach out to a Tulsa child custody attorney at Wirth Law Firm. Contact us at 918-879-1681 to schedule a low-cost initial strategy session with an experienced family law attorney in Tulsa. We’re here to help you navigate through the legal complexities and find the best solution for your custody case. Call us today!
