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What is a Guardian Ad-Litem

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 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, where they sleep, 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. 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 determine 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. Or, only if the guardian ad-litem agreed in advance to be responsible, such as co-signing on 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 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 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 them and there are some steps that need to be followed in order to do so. If someone wants one appointed there may be 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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