I had never heard of such a thing - a court-appointed attorney representing the children in a messy custody case - until quite recently. Maybe I’ve known people who used one and I didn’t know about it, but it sounds like something like this is not done unless some really serious things have happened, or are at risk of happening.
For people who have worked in the field, how often, percentage-wise, would you say this is done?
My wife had signed up to be a CASA (Court Appointed Special Advocate - in my state a guardian ad litem is an attorney) after she retired, but was never actually called to serve.
It’s not necessarily just because something serious is happening. Both ithe CASA and GAL are assigned to represent the child’s interest throughout the process. They’re charged with familiarizing themselves with the background of the case and working in the best interests of the child. They can be especially useful if the child is too young to express themselves clearly or if there’s a suspicion that one parent has manipulated the child.
Here’s the relevant section of Missouri law.
“the legal representative of the child at the hearing, and may examine, cross-examine, subpoena witnesses and offer testimony.” The statute also requires the GAL to “conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child’s wishes, feelings, attachments and attitudes.”
When I was reading about them doing things like home visits, I thought that this is some VERY serious business.
Does having a guardian ad litem (or similar) mean the protection of the child has been assumed by the state and removed from the parents (e.g. the guardian makes decisions in lieu of either parent as regards their child)? If so, I would think it is somewhat rare.
Really asking though. IANAL
It appears that the GAL dives deep to get all THREE sides of the story, and then gives that information to the other attorneys, and the judge, when the parents cannot come to any kind of reasonable compromise, and/or there is reason to believe the children may be in danger from at least one parent.