Child custody proceedings bring a series of difficult decisions and compromises. Colorado courts’ primary goal in determining child custody cases is the welfare of the child involved. If you are going through a divorce or other proceeding involving a child custody dispute, the court may make the determination to appoint a guardian ad litem during the litigation. There is often confusion about what a guardian ad litem is and what role it plays. At Johnson Law Group, we support our clients in all areas of family law and work to ensure the children involved are protected. Call us today at (720) 640-8463 to set up a meeting with one of our Colorado family lawyers.
What Is a Guardian Ad Litem?
When parents cannot agree on what is best for the child in a dispute over parenting time and decision-making in Colorado, sometimes the court must get involved. A guardian ad litem (GAL) is a person who is court-appointed to represent the interests of a child during a child custody proceeding. A GAL is not always necessary, but they may be appointed in particularly contentious cases or cases where there is reason to believe one or both of the parents is likely to abuse or neglect the child. However, it is important to understand that abuse or neglect does not have to exist in order for a GAL to be appointed by the court.
In Colorado divorce and parenting cases, the court usually appoints a child and family investigator (CFI) or a child’s legal representative (CLR), not a guardian ad litem. A CFI investigates and gives the court recommendations about the child’s best interests, and a CLR is an attorney appointed to represent the child’s best interests. Guardians ad litem for children are appointed mainly in dependency and neglect cases.
What Does a Guardian Ad Litem Do?
The general purpose of the guardian ad litem is to protect the interests of the child during the custody proceedings, but one important distinction to understand about a guardian ad litem is that they are not involved in the day-to-day care or decision-making for the child. Rather, their role is limited to matters relating to the litigation at issue. Some of the tasks a guardian ad litem may need to do in a child custody case include:
- Investigating the child’s living arrangements
- Requesting drug or psychiatric evaluations
- Interviewing witnesses
- Make reports
- Share findings with the court
- Attend hearings
- Appeal the court’s decision, if needed
What Do I Need to Know About Working with a Guardian Ad Litem?
If you are going through a child custody proceeding as a parent, it is important to understand how to interact with a guardian ad litem.
Cooperate with Their Investigation
The GAL will need to talk to both parents and other family and friends to conduct their investigation. Be sure to remain courteous and helpful, providing any documents the guardian ad litem needs in order to accurately create their report and make recommendations to the judge. Some of these documents may include:
- Income records, such as pay stubs or tax returns
- Medical records
- School records
- Criminal records
- Documentation relating to other past or pending litigation
- Monitoring compliance with child custody orders
Make Sure They Are Paid
The court’s appointment order sets the fees and decides how the parties split them, and the investigator or representative may not start until the retainer is paid. If a party is found indigent, the state can cover the cost through the Office of the Child’s Representative or the State Court Administrator’s Office.
Keep Your Home Suitable
The GAL will most likely need to visit the residences of each of the parents as they investigate the child custody issues. They will want to see where the child would be living, so make sure your home is always presentable and ready for the GAL to stop by and inspect. Act natural, and allow the GAL to see how you and your child interact in a natural environment.
Do Not Disparage Your Ex-Spouse
Although most parents want to prove that the child will be better off living with them than with their ex-spouse, it is not a good idea to speak badly about your ex-spouse with the GAL. Children thrive in stable, consistent environments, and it can be traumatic for children to see their parents fighting or being aggressive. It may reflect poorly if the GAL believes you are likely to try to influence your child to think poorly of their other parent.
Remember the GAL’s Goal
It may seem unnatural that a third party is acting on behalf of your child’s interest. While, at the end of the day, the parents are the legal guardians of the child, the GAL is meant to ensure that heated, contentious divorces result in a fair and healthy outcome for the child. You may think you know what is best for a child, but when parents disagree, a third party can help provide a neutral perspective. Be sure to respect this boundary and remain respectful to the GAL throughout the proceeding. Failing to comply with a GAL’s request can reflect badly and impact their recommendations.
Know Your Rights
You cannot appeal a CFI’s or CLR’s recommendations on their own, because they are not orders. You can review the report, raise your concerns with the court, question the investigator at the hearing, and present your own evidence. The judge makes the final decision, and it is the court’s final order that can be appealed.
Trust Our Colorado Family Lawyers
At Johnson Law Group, our experienced family lawyers have the knowledge and an understanding of what a guardian ad litem is and how to interact with them. We understand that divorce and other child custody proceedings can be some of the most difficult times of our client’s lives. While we always strive to reach our client’s objectives, we also know how important it is to prioritize the best interests of any children involved. If you are going through a child custody dispute, consider speaking with an experienced Colorado family lawyer as soon as possible. Call us at (720) 640-8463 to set up a free consultation.