When parents are going through a divorce, they understandably place a lot of emphasis on their children and how they will be affected. Even when parents are amicable, decisions involving the children can be difficult and discussions emotionally charged. One of the most important decisions involving the children in a divorce is that of custody, and sometimes due to the sensitive nature of the case, it cannot be left solely to the discretion of the parents.
In a case where there is much contention over custody or parenting time, or other issues with regard to the children, and the custody decision falls on the court, a Guardian Ad Litem (or “GAL”) may be appointed to represent the interests of the children. The GAL is an attorney who will be neutral as far as the parties are concerned, not favoring one parent over the other.
When is a Guardian Ad Litem Necessary?
While some judges may appoint a GAL, the majority do not unless the parents fail to reach an agreement on their own. Often parents in an already tense situation and wanting to protect their role in the lives of their children will over-scrutinize small details. For example, they may too closely compare parenting time each will have with the children, or insist on having excessive input on day-to-day, minor aspects of the child’s life during the other party’s parenting time. This rigidity with regard to the parenting agreement is not in the best interest of the children, complicating recreational activities and school schedules, encouraging lack of structure, and creating an unintentional “ping-ponging” of the children between households. Attempting to over-define the terms of the agreement will delay the process, and a GAL may be assigned.
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