Guardians Ad Litem

Custody in Georgia is primarily dependent upon one single factor: the Judge. Judges have an enormous amount of discretion and many times it is nearly impossible for them to decide the issue based on the parents, sometimes both parents appear to be equally good or equally bad. So, what can be done to lend credence and neutrality to a complex custody case? In a hotly contested custody battle, many lawyers will petition the Court for the use of a Guardian Ad Litem. A guardian is a neutral party, appointed by the Judge, upon request of one or more of the parties, to investigate and give recommendations. Many times, a guardian's word is gold, and Judges tend to follow their recommendations implicitly. I have used guardians many times in my cases in Roswell, Alpharetta, and Cumming to settle those matters where it appeared that the only direction was towards a costly trial.

A GAL must have proper training as a guardian, but I recommend that person also be an atto
ey, and most of them are. The guardian works for neither side, but instead operates as an officer of the court working in the child's "best interest". There is no confidentiality as between the guardian or either side. The guardian conducts a thorough investigation and evaluation and provides a written report to the court, and if necessary, may even testify. The guardian's report is available to the court and involved parties, but is kept under seal as to any other potentially prying eyes. A guardian will personally interview parents, stepparents, siblings, and the child at issue among others and will also conduct in home visits. The guardian may even ask for substance abuse and or psychological testing of any of the parties involved. Many times DFACS reports are an important part of a custody case and another benefit of using a guardian is that a guardian can get that information much more quickly and easily than counsel, which can move a case along faster.

The guardian will evaluate under the same standard that a Judge would, that being the "best interest of the child" standard, some of those factors would include, among others:

• The love, affection, bond and emotional ties between parent and child;

• The love, affection, bond and emotional ties between child and siblings, step-siblings, etc.

• Capacity and disposition of each parent to provide love and guidance;

• Knowledge and familiarity with the child's needs;

• Capacity of each parent to provide food, clothing, medical care, and day to day needs;

• Home environment of each parent;

• Mental and physical health of each parent;

• Any evidence of emotional or physical abuse;

• Any evidence of substance abuse