The Mckinney Law Group

Reasons to Request a Guardian ad Litem

In divorces cases with children, Guardian ad Litem provide assistance to divorcing parents.

A Guardian ad Litem — which literally translates to guardian for the lawsuit — is often appointed by a family court judge when it is in the best interests of the child. Primarily, the Guardian ad Litem investigates the facts of the case and reports investigative findings to the court after talking with the parents, children and witnesses in the case.

However, don’t think of the Guardian ad Litem as an adversary. This position is designed to operate in the best interests of the children, and there are a couple of compelling reasons to request a Guardian ad Litem.

The Other Parent Is Being Unreasonable

If the other parent is digging their heels in and acting in a manner that is not in the best interests of the children, requesting a Guardian ad Litem makes a great deal of sense. If the other parent is being objectively unreasonable, the Guardian will spot this behavior and report the findings to the judge. A Guardian’s reports and findings carry a great deal of weight in Florida family law courts, and as such, utilizing their expertise is a great way to put an end to a parent’s stubborn and harmful behavior.

A Guardian ad Litem Encourages Parents to Work Together

If a couple knows they butt heads frequently, requesting a Guardian is a great way to remedy the situation. By injecting a neutral third party who is keeping the best interests of the children in mind at all times, parents are more likely to collaborate in an attempt toward resolution.

Of course, there are risks to this strategy as well. The Guardian could end up making a recommendation you do not agree with, and it is a recommendation you will likely have to abide by should the judge agree with the Guardian’s suggestion. If you are debating whether a Guardian ad Litem is a viable strategy for your child custody dispute/discussions, talk to a Florida family law attorney to receive the experienced advice you need.

If you have questions regarding your divorce, or are unaware as to the terms and conditions in, talk to, and retain, a family law attorney who can help. Contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected]