The Do’s and Don’ts of Handling a Guardian Ad Litem

Abear Law Offices

There are many divorce and family law cases where a guardian ad litem is appointed to sit in on a case on behalf of the divorcing couple’s child or children. In most guardianship cases, the guardian ad litem can be appointed at no cost, or volunteers from the Community Law Program at Loyola’s Law School can be appointed.

However, an individual will need to pay for the guardian ad litem if there is a conflict in either aforementioned agency, or if he or she does not meet the criteria for free legal representation. Even though there may be reasons why one does not like the guardian ad litem, the appointed individual will still be in the courtroom with the family to assist in making the divorce process as easy as possible.

The Do’s of Handling a Guardian Ad Litem

In many divorce and family law cases, the presence of a guardian ad litem can be very important. However, there are advantages and disadvantages of having a guardian ad litem.

To have the process go as smoothly as possible, consider the following suggestions:

  • Follow the guardian ad litem’s instructions. One must comply with anything the guardian ad litem asks.
  • Be polite and civil. Presenting a good persona in court makes for a more positive environment for everyone.
  • Respect the guardian ad litem’s recommendations and perspectives. Everything that the guardian ad litem would consider in court should always be taken seriously.

The Don’ts of Handling a Guardian Ad Litem

It is always a good idea to give the represented person the benefit of the doubt, out of respect to him or her. To create the best rapport possible, and to avoid any discrepancies in court, consider the following:

  • Do not make your opinions obvious. Not only will showing strong distaste toward the guardian ad litem promote a negative environment, but the guardian ad litem will stay since he or she was assigned to that specific case. Unless there is a good reason for feelings against the guardian ad litem, he or she will not be replaced by another guardian ad litem.
  • Do not create a personal relationship with the guardian ad litem. The guardian ad litem is not a friend, but is a business connection. The relationship must be treated as such.
  • Do not assume the guardian ad litem will care about any issues before the child or children were born. The guardian ad litem is in court on behalf of the child or children.

Call a DuPage County Family Law and Divorce Attorney

At Abear Law Offices, we can help you understand the role of a guardian ad litem and how one can to serve the best interest of your child or children in custody decisions. For your free initial consultation, please call an experienced Wheaton divorce attorney at 630-904-3033 to get the assistance you deserve.

Source:

https://www.illinoislegalaid.org/legal-information/working-guardian-ad-litem-lawyer-manual