Their task could be to look at the child's living situation as a whole or to look at one or two specific issues (e.g., a parent's substance abuse issues or mental health). In the order assigning a guardian ad litem, the court will specify what they want them to investigate. They may also have to pass a criminal background check and participate in a screening interview before being sworn in. Regardless of professional background, the applicant must undergo training. The court may appoint a lawyer to work alongside the GAL if need be. Elsewhere, no legal background is required. States like Virginia, where the GAL is also the child's lawyer, only allow attorneys to serve as guardians ad litem. It's also possible for a parent to request a GAL for their case, but the judge must agree one is needed. Wisconsin courts and a few others may assign a GAL simply because parents can't reach a custody agreement. In North Carolina, the Department of Social Services must open a case for one of the aforementioned issues to get a GAL on the case. The court typically reserves the appointment of a guardian ad litem for neglect, abuse and dependency cases. They're tasked with conducting an investigation to figure out what custody situation best suits the child, and whether protections like supervised visitation are necessary. Make My Plan Now What is a guardian ad litem?Ī guardian ad litem is a lawyer, a volunteer or a mental health professional who determines the child's needs, then works to ensure their best interests are upheld in court.
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