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Guardian Ad-Litem Questions

A Guardian Ad-Litem is appointed by the court in which to interview and investigate the parents of a child. They go into the home of the child and make sure that the child is living in a healthy environment, they are being well taken care of, and there are no signs of neglect or abuse. The Guardian Ad-Litem is not there for the parents so they are a neutral party; they are simply on the child’s side. Read below where Experts have answered the five of the top questions pertaining to Guarding Ad-Litem.

How can someone request for a guardian ad-litem?

In order to request for a guardian ad-litem one must file a law suit that is concerning the child. They can file the law suit to modify custody orders so that the children don’t go with the other parent. They would need to make a court motion for the case not to go into mediation. Once the law suit is filed, then they can go about requesting a guardian ad-litem.

When a guardian ad-litem comes into a home what do they look for?

The guardian ad-litem acts as a liaison in the best interest of the child. They are simply trying to protect the child and determine what is in the best interest. When the guardian ad-litem enters a home they will look at the lifestyle of the home, making sure the child is in a safe environment, making sure the house is clean and protected from any harm. Also, they will look at what kind of care is provided to the child from a day to day basis as to where the child sleeps at night. When looking at visitation rights the guardian ad-litem will review the age of the child and the environment that the child will be in and determined whether or not the child will be allowed to stay the night, or if the visitation should be supervised.

If someone is granted guardian ad-litem of a 29 year old who is mentally stable, are they responsible for their debt?

If they have their own debt they are responsible for it. The only way the guardian ad-litem is responsible for any of their debt is if they have occurred the debt on their behalf and only if the guardian ad-litem agreed in advance to be responsible, such as co signing or a transaction, if they have claimed this person as their dependent, if they have went around their legal authority as the guardian in incurring the debt.

How can someone remove the guardian ad-litem if they feel they are being bias?

To remove the guardian ad-litem the person must file a motion to the court that the guardian ad-litem is being bias. They would need to show to the court evidence that will prove their case.

What would someone do if they feel the guardian ad-litem is favoring the other parent’s side and not the child’s best interest?

The guardian ad-litem’s job is to protect the child and their best interest. They are to make sure the child is living in a healthy environment. They are to make sure the child is at no risk of harm. If someone feels as if this is not the case then they should file a petition in the family court asking that the current guardian ad-litem be removed and a new third party guardian ad-litem be appointed because they are acting as if their best interest is not of the child’s.

Sometimes people feel that the Guardian Ad-Litem have a bias, and they feel as if they are not keeping the child in mind. They may want to remove that Guardian Ad-Litem there are some steps that need to be followed in order to do so. At other times they may want a guardian ad-litem appointed but may have legal questions about the process. When you have questions, ask an Expert to evaluate your case details and provide answers that can point you in the right direction.
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Recent Ad Litem Questions

  • My attorney says I need a guardian ad litem for my 2 kids ages

    My attorney says I need a guardian ad litem for my 2 kids ages 11 and 15. They have made it very clear that they do not wish to live with their mother for the last 2 years however the judge says he is not qualified to make that decision so he will only go on what the state standard law says and not what the kids want. I have a home and a job but right now the attorney fees are killing me and I don't know how I can afford to hire a guardian ad litem. If the court wants them to have a guardian ad litem,,,shouldn't they take care of the cost?
  • I first got divorced in 2001, in 2008 courts gave me sole

    I first got divorced in 2001, we agreed to joint custody of our two sons. In 2008 courts gave me sole custody of my youngest son who was 8 at the time and oldest son was 15. The reason was due to the "father's need to control petitioner and children:, the oldest son, being affected by his father's dysfunction, started high school at his fathers house since he has already been in trouble and started to adapt his dad's ways. My ex remarried, my oldest son dropped out of High School, now smokes pot and is married trying to raise a baby working at pizza parlor. My ex's step son had a paraphernalia charge, accp/pur alcohol minor charge, and theft charge, all while living with ex. My ex had my 16 yr old hand me a copy of petition on 6/27 and he walked out and went to his dad's crying his eyes out, he was torn. I have sole custody of my 16 year old. My son will be starting his junior year at high school and I dont feel it is in his best interest to change. He was on football team as well. my ex has known he has been skipping football practice and now he is practicing at his fathers' house 2 hours away. my ex promoted our son to sneak around and lie to his mother. nothing has been decided as of today. My ex never ever contacted me before or after this to discuss anything. my ex and his wife will do anything to undermine my authority. The judge even wrote in the sole custody papers that "father engages in his visitations out of control for mother and children"  Will the judge take the history into account or just go by what child wants. he is 16 of course he wants to live where this is clearly no supervision. He says I yell at him too much because his tv is too loud and i want him to pick up after himself.  The father has a history of game playing and if we go by the court documents this is my half of the summer but my son hasn't been returned home nor has my ex encouraged my son to come home. My ex has a history of manipulation and not doing what is best for the children. My son has a GPA of 3.68, was involved heavy in football, has lots of friends, etc. He thinks the "grass is greener" my oldest son got into fist fights with his dad and now cant even pay his bills due to having a dead end job and doing weed so cant pass drug test! What can I do to get him back home! Sheriff dept just told me to get attorney. Im just sick and heart broken and torn as to what to do. My ex is always warned but never reprimanded. He is in violation of current agreement by not sending my son home. My son said that dad will have an emergency order by the end of the week. I have heard nothing.

  • My son is in prison, can he appoint me as his mother, Guardian ad Litem ? He is divorced a

    My son is in prison, can he appoint me as his mother, Guardian ad Litem ? He is divorced and his ex-wife will not allow me to have visitation time. I have not seen them, Morgan is 9 years old and Luke is 4, since last June.
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