Parents who are involved in child custody cases often want to know how the voice of the child is heard. Some parents actually want their child to talk directly to the Judge or testify as to what they want. Not only is this highly inappropriate for most circumstances, but one must question the ability of a child, even a teenager, to understand and recognize the implications of a change in actual "custody," not just sleeping over at Mom or Dad's house.
The Court has set forth two main ways to determine what is in a child's best interest in custody cases and hear the child's voice. In both cases, the child is never present at the Court hearings.
The first is an Attorney for the Child, typically obtained through the Children's Law Project. This is an appointed attorney authorized to speak directly to the child and actually represent them and their wishes in Court. The cost for this representation is determined using a sliding scale relative to the income of the parents. This is less costly than the second procedure, and is more of an actual representation of the child's wishes instead of an investigatory tool.
It is difficult to determine at what age it is appropriate to utilize an attorney for the child, but typically a teenager capable of making mature long-term decisions, or one that has been through some traumatic event that is spurring the complaint for change of custody, is best suited for this option.
The second tool available is the appointment of a Guardian Ad Litem ("GAL.") This is a qualified third-party, which can be an attorney or social worker, who actually performs an investigation of the allegations each party is making. The GAL visits both parents' homes, meets with them, the child, other members of the child's household, friends and family members who can offer relevant information, teachers, and medical professionals.
After the investigation is completed, which typically takes a few months, the GAL submits a thorough written report to the Court, outlining who they spoke to and what was said. Based on the totality of the situation, the GAL provides a list of specific conclusions and recommendations relative to custody, visitation, therapy, and other requested matters. While not insurmountable, the GAL reports carry heavy weight with the Court. In a hodgepodge of "he said she said," the GAL can be the one qualified person who offers a neutral, educated opinion as to what is really happening, what services for the family need to be implemented, and what is in the child's best interest.
The results of having an Attorney for the Child or GAL involved in a case can produce some surprising insight into how the other parent feels, what the child wants, or how someone is perceived by others. Parties to a custody matter should always consult with an attorney relative to their rights, the rights of the child to be heard, the rights of the other parent, and what tool is right for you given the specific circumstances under which you are involved in the dispute.
by: Melissa R. Gillis, Esq.
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