How Is a Child’s Best Interest Protected in a High-Conflict Divorce?

 Posted on June 25, 2020 in Children of divorce

There is always bound to be some disagreement in a divorce, even if the couple is fairly amicable. When a couple has children, arguments can become even more heated, especially when they are arguments on issues concerning the children. Sometimes, one parent thinks that they know what is best for the child, while the other parent also thinks they know what is best, though they disagree on what exactly that is. In other cases, a parent may just be so blindsided by his or her own feelings about the other parent that he or she uses the child as a pawn to get what he or she wants in the divorce settlement. If you are expecting your divorce to be filled with conflict, a skilled attorney can help protect your rights throughout the proceedings.

Assigning Representation

Just as both parents are entitled to legal representation in a divorce, so are children. Either parent can request that his or her child have his or her own legal representation when dealing with certain issues such as parenting time, allocation of parental responsibilities, education, parentage, or child support. In some cases, a judge might order legal representation to be assigned to a child if the parents cannot come to an agreement on one or more of these issues. There are three different types of child legal representation that are recognized by the court, but one of the most common forms is called a guardian ad litem.

Guardian Ad Litem

A guardian ad litem (GAL) is a fully trained and certified attorney who has further training in child-related issues and is hired by either parent or the court to investigate and report on what would be in the child’s best interests. When an issue arises that is met with disagreement on the parents’ part, such as parenting time, the GAL will be assigned to them to examine the circumstances of the case.

The GAL typically conducts observations of the child’s interactions with the parents and with other family or household members. The GAL will also likely interview all pertinent parties, depending on what the issue is that needs to be settled. Once the GAL has finished his or her investigation, he or she will compile the findings into a report, along with his or her official recommendation on what actions would be in the child’s best interests. This report will be made available to all parties and the GAL may be asked to testify in court.

Contact a Geneva Divorce Attorney

Getting a divorce means the parents will have to come together to make many decisions pertaining to their child, including those involving parenting time and parenting responsibilities. If you and your spouse are unable to agree on what is in your child’s best interest, a judge may assign a GAL to your case. At the Law Office of Matthew M. Williams, P.C., we will do everything to make sure your child’s rights and well-being are protected throughout the divorce. To schedule a private consultation with one of our Kendall County high-conflict divorce lawyers, call us today at 630-409-8184.

Sources:

https://www.ourfamilywizard.com/blog/what-guardian-ad-litem

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506