What Does a Guardian ad Litem Do in a Texas Custody Case?

 Posted on February 05, 2022 in Child Custody

 Divorces with minor children and custody disputes in Texas can be emotionally charged and hard to resolve. Parents with the best intentions often find themselves locked in disagreement or vengefulness, and the best interests of a child may end up getting overlooked. 

In cases involving minor children, Texas courts may appoint a person called a “guardian ad litem.” While this may seem like a fancy Latin name, a guardian ad litem is simply a person who is in charge of finding out what would be in a child’s best interests. In this blog, we will discuss what a guardian ad litem is and what she does in a Texas divorce or custody dispute. 

What is a Guardian ad Litem? 

A guardian ad litem is an agent of a Texas family court. Her job is to act as a representative for a child and speak for the child’s interests when necessary. Guardians ad litem are often appointed in complex cases in which it may be difficult for a judge to determine a child’s best interests. Guardians ad litem are only involved during the court case and do not continue to represent a child forever. One parent or both parents may be ordered to pay for the cost of the guardian ad litem in their case. 

What Does a Guardian ad Litem Do?

To discover what a child’s best interests are, a guardian ad litem must do some investigating. This usually involves the following activities, but may include more or less depending on the circumstances: 

• Interviewing the child
• Interviewing both parents
• If parents are already divorced, interviewing the romantic partner of either parent, especially if they live in the home
• Talking to a child’s teachers, doctors, neighbors, or religious leaders
• Ordering psychological testing of the child or the parents

Once a guardian ad litem has an understanding of a child’s situation, she will prepare an impartial report based on facts and evidence. This report is given to the judge to help them make a decision about custody arrangements. A judge may call on a guardian ad litem to testify in court.

Call a Frisco, TX Family Law Attorney

Finding out that a guardian ad litem has been assigned to your case may feel frightening or intimidating. With the help of an experienced Frisco family law attorney, you can get your questions asked and have an advocate on your side. At The Law Office of Linda Risinger, we will work hard to ensure you get the help you need. Call us today to schedule a free consultation at 972-294-6533.  

Source: 

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.37.htm