What does a Guardian Ad Litem do in a Utah Custody Case?
When parents are unable to agree on matters of custody, visitation, and other issues related to their children, the parents may request (or the court may appoint on its own) a guardian ad litem to represent the best interests of the children. We’ll look at the role of a guardian ad litem in Utah divorce cases, including what they do, when they are appointed, and how they can help families navigate the divorce process.
1. What is a Guardian Ad Litem?
A guardian ad litem is a court-appointed professional who is tasked with advocating for the best interests of children in divorce or custody cases. The guardian ad litem is not an attorney for either parent, but is rather an attorney for the children. Most guardian ad litems refer to the children as their “clients.” A guardian is responsible for investigating and evaluating the situation to determine what is in the child’s best interests. This may involve interviewing the parents, the child, and other individuals who may have relevant information, such as teachers, counselors, doctors, therapists, etc.
2. The Role of a Guardian Ad Litem in Utah Divorce Cases
In Utah, the role of a guardian ad litem is defined by state law. According to Utah Code § 78B-7-103, the guardian ad litem is responsible for investigating and reporting on the following:
- The child’s wishes and concerns regarding custody and visitation
- The child’s relationship with each parent
- Each parent’s relationship with the child, including the parent’s ability to provide for the child’s physical, emotional, and developmental needs
- The child’s adjustment to home, school, and community
- Any history of abuse or neglect involving the child or the child’s family
- Any other factors that may affect the child’s best interests
Based on this investigation, the guardian ad litem will make recommendations to the court regarding custody, visitation, and other matters related to the child’s well-being. These recommendations are intended to serve the best interests of the child and should not be influenced by the preferences or desires of either parent.
3. When is a Guardian Ad Litem Appointed?
In Utah, a guardian ad litem may be appointed in a divorce or custody case when (1) custody or parent-time is at issue; or (2) there are allegations of abuse or neglect. This may occur in cases where the parents are unable to agree on matters related to the child, such as custody, visitation, support, or other important issues that may impact the child’s wellbeing (i.e. where the child does to school).
While the appointment of a guardian ad litem may add additional costs to the divorce process, it can also save the parties money in the long run because it means fewer witnesses to call into court to testify to the judge. The guardian can provide an objective evaluation of the situation and offer recommendations that may not be apparent to the parents or the court.
4. How Can a Guardian Ad Litem Help Families?
The role of a guardian ad litem in a divorce or custody case is not only to advocate for the best interests of the child but also to help families navigate through the legal process in a way that maximizes the best future possible outcome for the kids. Of course, the children’s futures are inextricably intertwined with that of their parents. The guardian ad litem can provide a neutral perspective that can help defuse conflicts between the parents and find common ground for resolving issues related to the child. They can also help the parents understand the impact of their decisions on their child and provide guidance on how to minimize the negative effects of the divorce on the child’s well-being.
In addition to providing recommendations to the court, the guardian ad litem may also be able to help the parents reach a settlement agreement outside of court. This can help avoid the time and expense of a trial and may result in a more amicable resolution that is better for the child and the family as a whole.
Conclusion
In Utah divorce cases involving children, the appointment of a guardian ad litem is an important step in ensuring that the best interests of the child are protected.