When divorcing parents have a dispute regarding custody of their child, the court may appoint a Guardian ad Litem (GAL) to perform an investigation and provide a recommendation to the court. The GAL will advise the court on their findings with regard to what is in the best interests of the child with regard to custody and placement and, in some cases, will make financial recommendations regarding child support and child expenses.
The GAL’s role is to advocate for the best interests of the child. He or she typically meets with the child, the parents, together and separately, and other parties who have significant insight into the situation to make a determination. The guardian ad litem use informal discovery to review school or medical records with a signed release and may use formal discovery to obtain documents, perform interrogatories, and conduct depositions depending on the circumstances of the case.
When the investigation concludes, the GAL typically gives the parents and/or their attorneys a preliminary summary of the GAL’s recommendations to be presented to the court. At that juncture, the parents may reach an agreement resolving their issues based on the recommendations of the GAL with the possibility of modifications if new facts are presented, or the judge will rule on the case with the GAL’s recommendation in mind.
When the court determines that a Guardian ad Litem is needed, usually the parties pay for his or her services unless both are declared indigent at which point the county may cover the fees. If there is a significant disparity in income between the parents, the higher earning parent may be ordered to pay the GAL fees.
Skilled Waukesha Child Custody Negotiator
Guardian ad Litem services can help the court make a child custody determination that represents a child’s best interests when parents cannot see eye to eye. However, many parents prefer to resolve their case without a third party getting involved and will seek the help of an experienced child custody lawyer that is highly skilled in child custody negotiations that reach an agreement outside of court. If you are a divorcing parent and have concerns regarding the custody of your child, contact Jane Probst at Probst Law Offices S.C. for immediate assistance today at 414-210-3135.