When Do I Request a Guardian Ad Litem?

The appointment of a guardian ad litem can make or break your case. A guardian ad litem is an attorney appointed by the courts to represent the best interest of your minor child(ren). The guardian ad litem’s opinion or report sometimes has significant weight in a judges decision in your custody case. Sometimes, not much weight is given. There are many unknown factors when making a determination to request a guardian ad litem for your custody case. It is a slippery slope and can be a dangerous one.

The Commonwealth defines a guardian ad litem in Virginia as an attorney appointed by a judge to assist the court in determining the circumstances of a matter before the court—in this case, the matter being the custody of a minor child. The guardian ad litem must be appointed by the courts and does not represent you or the other parent. He or she represents the best interests of your child—even when those interests are in conflict with the wishes of all other parties involved.

Although a guardian ad litem will not represent you, there are times when the findings of the guardian ad litem will align themselves with your custodial goals. A guardian ad litem has the ability to inspect the other parent’s home, review your child’s medical records, et cetera. If you have not faired well in a child custody dispute with an ex-spouse or co-parent, your lawyer may try to seek a custodial modification. The report and documentation of the guardian ad litem may assist in procuring your modification. You should also be aware that the guardian ad litem may become a road block to your desires as well. So you need to be very careful in making a request that a guardian ad litem by appointed to your case.

If a guardian ad litem is assigned to your case, there are a few things that you should keep in mind:

• You have no expectation of confidentiality with a guardian ad litem. He or she is allowed to repeat information to the court. Sometime this information can be beneficial, and sometimes damaging.
• The guardian ad litem has the right to examine certain records concerning your child. These records are often not available to any third party. Again this can be a benefit or a damaging factor depending on the circumstances of your case.
• The guardian ad litem is selected by the courts from a pool and should be neutral to the parties involved. However, they are not always neutral and who you get is an unknown.
• Be cooperative and always tell the truth. Deception and evasiveness can reflect negatively.

Before requesting a guardian ad litem, you should seek the advice of a reputable, experienced Virginia Family Law Attorney.

Virginia Family Law Attorney Claudia Zucker

Do you need a family law attorney? Do you have questions about requesting a guardian ad litem in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.