Navigating a custody case involves interacting with several key professionals, each playing a distinct role in ensuring that the child's best interests are prioritized. Understanding these individuals' legal roles and limitations can help parents better prepare for and manage their custody case.
Here's an in-depth look at the main professionals you might encounter in a custody court case.
Guardian ad Litem (GAL)
The Guardian ad Litem is court-appointed and may be an attorney or a trained mental health professional. They undergo specialized training to understand the best interests of children and family law dynamics.
Overall, the Guardian ad Litem represents the interests of the child. They conduct independent investigations, including interviewing the parents, children, and other relevant parties, reviewing records, and observing interactions. The GAL then writes a report of their findings and recommends to the court what custody arrangement would serve the child's best interests.
The Guardian ad Litem has the right to access confidential information and to interview individuals involved in the case. They are neutral and do not advocate for either parent but focus on the child's well-being. However, they do not have the authority to make decisions or enforce recommendations. Instead, their role is advisory.
Attorney for the Child (AFC)
Sometimes referred to as a Child's Attorney or Child Advocate, the Attorney for the Child is a lawyer representing the child's legal interests. In addition to practicing law, the Attorney for the Child is trained in child advocacy and family dynamics.
This role is distinct from that of the Guardian ad Litem, as the Attorney for the Child focuses on legal representation rather than the child's overall well-being.
In cases involving older children, the Attorney for the Child may be appointed by the court to represent the child's viewpoint in legal proceedings, ensuring that the child's voice is heard. For very young children, the Attorney for the Child is often involved in interpreting and advocating for their emotional and physical safety, stability and continuity, and primary caregiver relationships in a way that aligns with their developmental stage and legal rights.
The AFC has the right to represent the child's interests in court, present evidence, and participate in legal proceedings. However, they must adhere to the child's interests, even if these differ from what might be considered the child's best interests in a broader sense. They often work closely with the Guardian ad Litem, neutral custody evaluators, and child psychologists or therapists.
Neutral Custody Evaluators
Neutral Custody Evaluators are typically mental health professionals with expertise in family dynamics and child development. They may hold degrees in psychology, social work, or counseling and have specialized training in custody evaluations.
Neutral custody evaluators assess a range of factors, including family structure and dynamics, interactions within the family, cultural background, the child's environment, and the child's educational, psychological, and physical needs. They also evaluate each parent's parenting skills and challenges. This comprehensive evaluation process typically involves the following:
- Multiple individual meetings with each parent, some of which occur at their homes.
- Several meetings with the child were held both at the evaluator's office and in the parents' homes.
- Psychological testing, questionnaires, and evaluations for both parents and the child.
- Interaction with teachers, physicians, therapists, nannies, childcare workers, tutors, and others who regularly interact with the child.
- Review of relevant court records, as well as the child's health and educational records.
Neutral Custody Evaluators provide recommendations but do not make binding decisions. Their role is to offer an objective assessment to aid the court in making informed decisions. They must remain impartial and avoid taking sides in the custody dispute.
The evaluation process is thorough and may feel intrusive. However, a well-conducted custody evaluation can be crucial to your case. It's vital for you as a parent to fully cooperate and make the most of this opportunity. Given judges' significant weight on custody evaluations, ensuring that the report is favorable to your situation is essential.
Parenting Coordinators (PCs)
Parenting coordinators, also called parent coordinators, are professionals with backgrounds in psychology, social work, or law. They receive specialized training in conflict resolution and family dynamics to assist parents in managing ongoing disputes related to custody and parenting.
PCs help parents implement and adhere to custody arrangements. They provide mediation services, offer guidance on co-parenting strategies, and address conflicts that arise post-divorce or separation. They aim to reduce parental conflict and ensure the parenting plan is followed.
Parenting Coordinators have the right to suggest modifications to existing custody arrangements and to facilitate communication between parents. They can make recommendations to the court but cannot make legal decisions themselves. They do not replace attorneys or judges but work alongside them to help manage and resolve conflicts.
Custody Attorneys
Custody attorneys are licensed legal professionals specializing in custody, divorce, and other family matters. They represent the interests of their clients, typically the parents. They provide legal advice, draft legal documents, and advocate for their clients in court. They also help negotiate custody agreements and can represent their clients during mediation sessions.
Custody lawyers have the right to present evidence, examine witnesses, and argue for their clients. They must act in their client's best interests and adhere to ethical guidelines. However, custody attorneys cannot make decisions for their clients; they can only provide advice and representation based on their client's instructions.
Custody Court Judges
Family court judges are seasoned legal professionals who have completed extensive legal education and have typically accumulated years of experience practicing family law before being appointed to the bench.
The judge's primary goal in custody cases is to determine what arrangement is in the best interests of the child. They review evidence, listen to testimonies, and evaluate the recommendations of other professionals involved in the case.
Judges have the authority to issue rulings and orders that enforce custody arrangements. They can mandate visitation schedules, determine custody modifications, and address issues such as relocation or changes in parental responsibilities.
Still, judges are bound by the law and must base their decisions on evidence presented in court, adhering to the best interests of the child standard. They cannot make decisions based on personal beliefs or preferences.
Educating yourself about these key players and how to interact with them can make a big difference in the outcome of your custody case.
For more tips on succeeding in custody court, we encourage you to check out our latest book, Cracking the Custody Code.