In a divorce or other family law case, if the Judge finds that it is in the best interests of the minor child(ren) in the case, the Judge can appoint a “Guardian ad Litem”. Either party to the case can request that the Judge appoint a Guardian ad Litem, or your Judge on his or her own initiative can make the appointment. The literal meaning of the phrase “Guardian ad Litem” is guardian for the lawsuit, or guardian for the purposes of the legal action only.
A primary role of the Guardian ad Litem is to investigate the facts of the case for the Judge and report back to the Court – to talk with both parents and often the child(ren) and other important witnesses in the case. The types of case where Guardian ad Litems are appointed are cases where there is significant conflict between the parties regarding children’s issues and/or significant concerns regarding the well-being of the children. The Guardian ad Litem’s job is to act in the best interests of the child(ren) in reporting back to the Judge and making recommendations. The Guardian can obtain access to medical and other records, can request the court to order evaluations for the children or the parents, and can also assist with finding experts for examinations or evaluations.