Title: What Does a Guardian ad Litem Do? | Charleston, SC | Gregory S. Forman, P.C.
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Content: There are varying ways to view what it means to “advocate” the child’s best interests. More restrained guardians advocate the child’s best interests by presenting the court all relevant information they can obtain. Other guardians actually decide what they believe should be done for the child and then attempt to highlight evidence that supports this view and diminish evidence that undermines this view. While a guardian cannot make explicit custody recommendations in a written report, a report that concludes that the children are doing wonderfully in the mother’s sole custody or that the father has a substantial drinking problem basically lets the court know how the guardian believes custody should be decided. Often guardians’ reports are rife with inadmissible statements from witnesses or the child or make credibility determinations regarding the parties and witnesses. It is when guardians act in this manner (or are alleged to have acted in this manner) that they invite the greatest public controversy. Because the guardian is an advocate for the child’s best interests, the guardian is empowered to bring motions to modify custody or visitation or to add what the guardian believes are necessary restraints on the parents’ activities to protect the child from a parent’s dangerous behavior. Guardians may also bring motions to increase their fee parameters or obtain payment of fees during the litigation. Guardians can seek enforcement of any court order being violated, including orders regarding the payment of the guardian’s fees, by bringing a rule to show cause. Guardians tend to be cautious about bringing such rules to show cause or motions during the litigation process so as not to appear for or against a particular party.