When dealing with child custody, adoption, divorce, or other court process involving a minor or incapacitated adult, you are likely to encounter the term Guardian Ad Litem several times. So, what is Guardian Ad Litem?
Richards and Colburn Law, an elite litigation Nashville firm specializing in civil and family law, construction, DUI, domestic assault, and probate lawsuits, sheds light on what GAL is and what it covers.
What is Guardian Ad Litem?
A GAL is an individual representing an incompetent adult or child's best wishes during a court process. The guardian represents the ward (minor or incapacitated adult) in all court processes, including investigation, adjudicatory, trial, and appeal.
Besides representing a ward's best interest, a GAL acts as a neutral investigator for courts of law. For instance, in a contested child custody case, a GAL interviews the minor involved in understanding the parent the child would prefer to live with.
Upon completing the investigation, the court-appointed fact finder makes a report recommending the most suitable custodial parent for the minor under-representation.
Who Appoints Guardian Ad Litem?
In Nashville, the court appoints representatives whenever it feels like the minor or incompetent adults' best interests are not protected by the parties involved. The ward or parents have little say on who takes the GAL role in their case.
The court-appointed guardian can be an advocate, attorney, or other professional with a background in law, psychology, or criminal justice.
Although designated by a court of law, parents or caregivers pay the Guardian Ad Litem. The fee depends on the expected work duration, the case's complexity, and the parents' financial power.
Cases That Fall Under Guardian Ad Litem
Guardian Ad Litems help in court proceedings involving minors or incapacitated adults. Such lawsuits include divorce, child custody, the emancipation of minors, adoption, visitation rights, personal injury litigations, and more.
The following is a detailed overview of the GALs' responsibilities in each court process:
Divorce Proceedings
In a divorce proceeding, couples tend to focus on their interests, often forgetting about those of the minors involved. In such a case, the judge appoints a Guardian Ad Litem to represent the minors' interests throughout the court proceedings.
The GAL speaks to the kids, parents, teachers, and guardians to determine the minor's best interest regarding custody. Afterward, they make a report recommending the parent who is better suited to have the minors' custody.
Child Neglect
For child neglect or abuse, a Guardian Ad Litem has one significant role — advocating for the kid's best position and wishes. The GAL meets and interviews the ward to unearth crucial information regarding social, education, medical, and emotional needs.
The GAL can also interview caregivers, doctors, teachers, and extended family to generate the information required to advocate for the kid's best wishes. After investigation, the guardian recommends the best actions to save the kids from parental negligence.
Adoption Proceedings
In an adoption process, the Guardian Ad Litem investigates the suitability of the adoptive parents to take care of the minor to be adopted. Before adoption, the GAL meets the kid to learn about their wishes and feelings.
Furthermore, the GAL investigates applicants to know the reasons for adopting and gauges their readiness to take up parental responsibilities. After the interviews, the GAL writes to the court, letting them know whether to proceed with or terminate the adoption process.
Emancipation of Minors
For the emancipation of minors, the court appoints a Guardian Ad Litem to evaluate whether the process would be in the interests of the minor involved. The court-appointed representative investigates the minor's maturity level and ability to live independently.
Also, the guardian of the lawsuit assesses the parents' mental health and financial power to establish their inability to provide care. Findings from such experts help courts make informed final judgments since emancipation decisions are irreversible.
Cases Involving an Incapacitated Adult
Besides representing minors, the court can also appoint a Guardian Ad Litem to represent an incapacitated or disabled adult in a court process. The law defines an incapacitated adult as one who cannot evaluate information or respond competitively.
Like in cases involving minors, the GALs advocate for the adult's best interests throughout court proceedings. They interview the incompetent adult, witnesses, and other third parties to determine the incapacitated adults' wishes.
Contact Richards and Colburn Law to Learn More about Guardian Ad Litem
Needing legal advice regarding advocacy for the best interests of your children or loved ones? Contact Richards & Colburn Law Firm if you have questions about our services.
We're here to help you in any way we can. We want to make sure you're making informed decisions about your case.
Richards and Colburn's seasoned trial lawyers deal with business-related litigation in-house instead of contracting.
We also specialize in criminal, personal injury, probate, construction, and family law. Rest assured, we will furnish you with the legal advice you need.
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