My friend is trying to seek custody of her son. The lawyer said it would be good to get a court appointed guardian. What excatly do they do? The child is 3 yrs old.
2007-10-31 11:34:28 · 5 answers · asked by Riley's Mommy 6 in Family & Relationships ➔ Family
They are the legal representation for a minor child. You can't do it -- there has to be one.
2007-10-31 11:37:25 · answer #1 · answered by butterfliesRfree 7 · 0⤊ 0⤋
I don't care how "friendly" the divorce might appear to friends and family, there is going to be a lot of back-stabbing going on. That's the way divorce works, unfortunately. While everyone is busy painting each other all kinds of ugly, they forget that "Little Johnny" needs both of his parents.
The Court-appointed guardian is there to protect the child's "best interests". This doesn't mean that "Little Johnny" is going to go live with strangers for the next few months while his parents are getting a divorce. It means that somebody impartial is going to represent "Little Johnny" in Court. Not a lawyer, exactly. More like a case-worker who is there just for the kid.
Every state works just a little differently, so I can't tell you exactly how it works in your state. In Kansas, from my understanding, the Court-appointed guardian talks the parents, friends of the parents, and families of both parents. They investigate the living conditions at both parents' houses. Then they make a report for the Court based on those interviews and investigations, along with a recommendation for where "Little Johnny" should live.
After that, it's up to the Judge to determine what is in "Little Johnny's" best interest for the future.
2007-10-31 18:55:09 · answer #2 · answered by kc_warpaint 5 · 0⤊ 0⤋
Guardian -ad -litem...........is a court appointed attorney who reprosents the child and on the childs behave and is not for either parent..but only for the best interest of the child......they normaly depending on age will talk to the child and ask them about thier concerns and or fears...and then report to the court thier findings and recommendations concerning the childs interest.......being 3 not likely much talk going on...but depending on circumstances they will talk to both parents and get both stories....and make those findings to the court..............can be a good thing but also depending on circumstances can be pretty fustrating as well .......
2007-10-31 18:40:17 · answer #3 · answered by hghostinme 6 · 1⤊ 0⤋
In a custody battle, neither parent can be trusted
to represent the best interests of the child, as both
have a conflict of interest there.
The guardian is supposed to speak up for the kid
without regard for either parent.
Your friendship probably rules you out, and the
position is generally given to a lawyer.
(More fees y'know).
2007-10-31 19:37:28 · answer #4 · answered by Irv S 7 · 0⤊ 0⤋
someone the court sends to be the temporary gurdian to watch over the child.
*edit*
this is usually because the court doesnt feel like the child is safe in either parent untill they know which one is suitable to take care of him.
2007-10-31 18:37:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋