The recommendation of the guardian can hold significant weight in court. Since this guardian is a neutral third party selected by the court to represent your child’s best interests, he or she will make recommendations as to who should have legal custody, who should be the primary guardian, and how much visitation the other parent should have.
In order to present their opinion to the court, the guardian has the right to file motions and to review all confidential records involving the children. He or she also has the right to conduct discovery and examine witnesses at trial, as well as request information, depositions and subpoena important witnesses.
Obviously, if your relationship with your child(ren) is not serving their best interest, this could be a large obstacle if you are asking for primary custody. Guardians will look at behavior, parenting styles and time involvement, health and substance abuse, and the fitness of each parent to provide financial and emotional stability for the child.
One thing you should not do is disparage the other parent. The court’s goal is for you to have a healthy and positive relationship with both parents; acting in a way that is not conducive to this goal is sure to work against you in court. A guardian ad litem can actually help your case if your spouse has made false allegations or attacked your parenting style without merit.
In short, having a guardian ad litem work on your case can help or hurt you depending on your relationship with your child and what the guardian deems is in the child(ren)’s best interest. Keep in mind that whatever happens will be for the well-being of your children, and their well-being should be your priority as well.
Coleman Legal Group, LLC – Phone: 770-609-1247