Arizona family courts prioritize a child’s best interests in all their decisions, including when to appoint a Guardian Ad Litem (GAL) during a divorce. The court appoints a GAL as a neutral third party to represent the best interests of a child or incapacitated adult. During divorces, a judge may order a Guardian Ad Litem appointment to the case if emotions run high and the court feels that it cannot obtain a clear picture of a child’s situation from their parents or if a child’s physical or emotional well-being is at risk from the turmoil of their parent’s divorce process. Working with a Chandler family law attorney can help navigate the complexities of this process and ensure that your child’s best interests are effectively represented.
A Guardian Ad Litem in Arizona must be an attorney who is licensed in the state and has completed the court-approved training to serve in the role of a GAL child advocate. The GAL appointed in a divorce must not have represented either party in the divorce or in any other case or legal proceeding. They can have no personal interest in the case so they are able to serve as a neutral party whose only interest is the best interests of the child.
Unlike a legal guardian tasked with the daily care and decision-making for a child, A Guardian Ad Litem does not take on a parental role or usurp parental rights. Instead, they serve as an advocate for a child during a contentious or adversarial divorce process. The GAL becomes the child’s voice during court processes. Because they are impartial and not associated with one parent or the other, they serve as an unbiased representative of the child’s best interests throughout all legal proceedings. Through interviews and home visits, a GAL observes the child’s situation and reports their findings to the court to give a fair assessment to the judge. This helps the judge make critical child custody decisions without interference from the more emotionally fraught aspects of the parents’ testimony and evidence. With the help of an objective Guardian Ad Litem, a judge is better equipped to make a decision that’s in the child’s best interests.
It’s unsettling for parents to have a third party suddenly thrust into their divorce case, and many divorcing parents fear that their custody of their child is in jeopardy if a judge appoints a GAL to their case; however, the role of a GAL is not to remove the child from the parent’s custody, but to serve as a clear, unbiased professional opinion regarding the child’s interests. If a Guardian Ad Litem was appointed in your Arizona divorce case, be polite and respectful, showing the GAL that you also have your child’s best interest as your highest priority. Provide all requested information to the GAL and respect their recommendations to the court. Maintain frequent open, honest communication with the GAL throughout your court case. Their role is to provide a unique perspective to the court without the natural partiality a parent displays during the divorce and child custody process.
