Saratoga Springs Guardian Ad Litem Lawyer

During divorce battles, it is up to the Court to act in the best interest of a child. To do this, some judges first appoint a guardian ad litem—or GAL—to investigate the family relationship and advocate for the child.

If a GAL is appointed to your divorce case, a Saratoga Springs guardian ad litem lawyer could advise you of your rights. The support of a dedicated child custody lawyer is crucial in these cases.

What is a Guardian Ad Litem?

When it comes to legal proceedings, juveniles under the age of 18 lack the legal capacity to appear on their own behalf. To ensure that their rights are respected, the Court can appoint a guardian ad litem to observe and advocate on their behalf. The guardian reports directly to the Court, and they will act independently to get a clear picture of the child’s home life and family relationships. This can include home visits, interviews with teachers or school officials, and other interactions with people close to the child.

Guardians can be appointed in a variety of family law cases. The courts have the power to appoint a GAL in the following situations:

  • Adoptions;
  • Custody disputes;
  • Divorce proceedings;
  • Guardianship proceedings;
  •  Parental rights termination; and
  • Abuse and neglect investigations.

If a judge decides to appoint a guardian ad litem in any of these situations, an attorney in Saratoga Springs could provide insight into that process.

What Does a GAL Do?

In order to advocate for the child and keep the Court informed of their circumstances, the guardian ad litem is tasked with preparing a report. This includes recommendations on what outcome would best serve the child. Judges typically put tremendous weight into the suggestions of the guardian ad litem, which makes it crucial to have the support of a Saratoga Springs legal professional who understands this process.

A GAL likely has legal training and might even be a licensed attorney. That said, they are not the juvenile’s lawyer. They do not participate in legal proceedings and cannot file motions on their behalf.

What they do have is extensive authority to conduct investigations. They can interview family members, visit the home, and make recommendations to the Court regarding their final decision on the family law matter.

The Impact of a Guardian

Emotions often run high during custody cases. This can lead to the parties focusing on conflict and bitter disputes instead of what is ultimately best for the child they share. A GAL is a neutral party that has no rooting interest with either parent. Because they do not have a stake in the outcome of the case, they are in a position to focus on the child when the parents may be distracted by their grievances. The recommendations they make can impact everything from custody rights to parenting plans.

Learn More About Guardian Ad Litem Attorneys in Saratoga Springs

If you are involved in a divorce or child custody case and the court appoints a GAL, you need legal counsel that will help you protect your rights. A Sarasota Springs guardian ad litem lawyer could answer your questions and guide you through each step of the legal process. Call today for a complimentary consultation.

Colwell Law

Colwell Law N/a
Saratoga Springs Office
The Colwell Law Group, LLC
513 Broadway Saratoga Springs, , NY  12866
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