In many circumstances, the legal system adopts special procedures in cases involving minors. Because minors are not legally considered fully capable of representing themselves, their guardianship may fall under various other parties, including, but not limited to, their parents. In some cases, the court may appoint a guardian ad litem to represent the child’s interests in court.

Osborne, Tripp & Schmidt, a team of seasoned family lawyers based in Sparta, WI, explains the concept of a guardian ad litem and some of the responsibilities the position may entail.

What Is A Guardian Ad Litem?

The Latin phrase “ad litem” translates roughly to “for the lawsuit.” In other words, a guardian ad litem may, in many ways, act as a child’s legal representative, but is not the child’s guardian in other senses of the word. Put simply, a guardian ad litem is a person — typically an attorney — appointed by the court to represent the legal interests of a minor. A guardian ad litem is charged with investigating the child’s circumstances and advising the court regarding issues of abuse, custody, and visitation.

What Does A Guardian Ad Litem Do?

A guardian ad litem’s duties can vary depending upon the orders of the court. In general, a guardian ad litem is charged with investigating any family issues relating to a child’s “best interest,” as defined by the court. They may look into issues such as a custodial parent’s substance abuse, mental health, or general stability in order to make a recommendation to the court that furthers the child’s best interests.

What Problems May Arise?

Parents may sometimes be displeased with a guardian ad litem’s activities, but in nearly all cases, guardians ad litem carry out their duties professionally and responsibly with the minor’s best interests in mind. Any serious concerns should be referred to an experienced family lawyer.

For these or any other questions about child custody, contact a family lawyer for advice. If you need legal counsel or representation in Sparta, call Osborne Tripp & Schmidt at (608) 269-2400. Visit their website for more information.