Child custody – guardian ad litem

During a divorce proceeding or paternity establishment, child custody is often critically important to both parties and thus highly contested. In contentious child custody cases, the court may appoint a guardian ad litem to assist in making a child custody determination.

A guardian ad litem is an attorney, a volunteer, or an employee of a county program who is appointed by a court to represent and protect the best interest of the child or children involved in the case. Additionally, a guardian ad litem provides a child with services requested by the court, including: (1) researching, (2) examining, (3) advocating, (4) facilitating, and (5) monitoring the child’s situation.

A guardian ad litem may be appointed by the court at any time and is required to serve until they are excused by the court. Accordingly, a guardian ad litem’s responsibilities are not dependent upon the state of the proceedings. However, there are narrow circumstances that Indiana courts have recognized an appointment is required. If an infant or incompetent person is not represented, or is not adequately represented, the court shall appoint a guardian ad litem for them.

Beyond the initial custody determination, a court may also appoint a guardian ad litem to exercise continuing supervision over the child to assure that the custodial or visitation terms of an order entered by the court are carried out as required. A guardian ad litem may be assigned to assess the propriety and frequency of visitation between a child and their parents. The guardian ad litem is permitted to offer evidence regarding the supervision of the action or any investigation and report that the court requires of them. Thus, a guardian ad litem’s findings may be used to support a finding for modification of parenting time if such findings indicate that a modification is in the child’s best interest.

For more information on divorce, child custody, and factors for consideration in a child’s best interest, see our other Family Law blog posts. If you have questions about divorce, child custody, or guardian ad litems, reach out to one of our experienced family law attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.