Custody disputes are some of the most contentious aspects of family law. When tensions run high and the facts are not clear, Tennessee courts put their focus on where it matters most: on the child’s well-being. Many times, they enlist the help of a guardian ad litem (GAL).
What is the role of a guardian ad litem in custody cases? Here is what you need to know whether you’re going through a divorce, a contested custody battle, or a situation involving allegations of neglect or abuse.
What Is a Guardian ad Litem?
A guardian ad litem is someone the court appoints to represent the best interests of a minor child during legal proceedings. This is often an attorney or trained advocate who understands child welfare and Tennessee custody laws.
They are not representatives for the parents. These professionals act more like a neutral third party. As part of their job, they will investigate the situation and recommend custody or visitation arrangements to the court. Their suggestions are made in the best interest of the child’s safety, stability, and emotional well-being in these situations.
When Is a GAL Needed in Tennessee?
Does every custody case need a GAL? No, this appointment only happens under specific circumstances, such as:
- Allegations of abuse or neglect
- Concerns about domestic violence or substance use
- High levels of conflict between the parents
- Questions about a child’s mental health or special needs
- Complicated custody or visitation issues, such as relocation
In some cases, a parent may request a GAL. On the other hand, the judge will appoint one if they believe they are needed to make a custody decision in the child’s best interests.
What Will the Guardian ad Litem Do?
Once appointed, the GAL begins an investigation process. Depending on the child’s age and comfort level, the GAL will talk to them about their home life, relationship with parents, and needs using age-appropriate language and techniques. The goal is to have a conversation that allows them to assess the child’s situation.
After that, the GAL will speak to the parents and other adults involved in the child’s life. This helps them to get a full assessment of the current issues. Sometimes, the GAL will observe how the child interacts with each parent in their home environment. These observations can carry major weight in the final recommendations.
Next, the guardian ad litem will review documents, such as school records, medical records, counseling reports, and anything else that helps paint a full picture of the child’s life.
All of this information is considered as the GAL makes their final report. This will include a recommendation about custody, visitation, and additional services like parenting classes, therapy, or supervised visitation.
Does a GAL Have Influence in These Cases?
Yes, the GAL’s recommendations are highly influential, especially in contested custody matters. While the judge is not required to follow them, this report carries major weight in these decisions. If your custody case heads to trial, the GAL may even be called to testify about what they observed and noted.
For that reason, if you have a GAL appointed in your case, make sure to:
- Be cooperative, not combative: The GAL is not your enemy. They are a neutral third party. You should never try to influence or pressure them.
- Keep the focus on your child: Speaking negatively about the other parent can put you in a bad light. You need to focus on meeting your child’s needs and supporting their relationship with both sides of the family.
- Follow through: If the GAL recommends therapy, classes, or other services, make sure to participate. Demonstrating your commitment to your child’s well-being goes a long way.
We’re Here to Help with Child Custody Cases in Tennessee
The role of a guardian ad litem in custody cases is very important, and their findings hold a lot of weight in a judge’s decision.
If you’re facing a custody case where a guardian ad litem has been or might be appointed, you want to work with a knowledgeable Tennessee custody attorney.
At Easter & DeVore, Attorneys at Law, we can walk you through this process. Schedule a consultation with us today to see how we can assist with your child custody case.
