Guardian Ad Litem: A Brief Introduction

Guardians ad litem, or GALs, are often appointed by the courts in family law cases (juvenile and domestic relations) to assist the court in determining what outcome would serve the child’s, or children’s best interests. A court may limit a GAL’s authority to investigate only limited matters or it may authorize the GAL to conduct a broad investigation.

The court may appoint a GAL on its own or initiate the process upon the request of one or both parties to the case. Depending on the court, a deposit is often placed in which to pay the GAL fees and the burden of paying is shared between both parties.

A GAL’s number one duty-and this is spelled out in Ohio law- is to represent a child’s best interest. Ohio courts, understandably, place special emphasis on how a divorce or custody situation is going to impact the children involved in a case.

A guardian ad litem in a domestic relations case is not the child’s attorney, rather, it is their duty to participate in the case and to ultimately provide a fair and objective report to the court providing their opinion as to what would be in the child’s best interest after conducting a thorough investigation.

A GAL’s investigation will almost always include home visits, announced and sometimes unannounced. The purpose of these visits is to observe the child in his or her own environment, their interactions with their parents and siblings and observations about the appropriateness of sleeping arrangements and the setup of the home itself.

A GAL may also speak with the child’s teachers, school psychologist and medical providers or at the very least request records related to same. The GAL may also interview other persons with knowledge of the child’s life such as a temporary custodian, former foster parent, other relatives, or close family friends. Likewise, the GAL may request psychological or substance use records of a parent or even recommend to the court that a parent submit to evaluations, counseling, or substance abuse treatment.

Fundamental to the process is that the GAL will interview the child or children affected by the case. With very young children, the conversations will be limited and the GAL will probably have to rely more heavily on outside sources in making a final recommendation to the court. With older children, the conversations and child’s input may weigh heavily in the GAL’s decision. Speaking with children one on one understandably often causes some parents trepidation, but it is a vital part of the GAL investigative process so that the child may speak freely without the influence of the parents or custodian involved in the case.

Guardian Ad Litem: Advice for Parents, Foster Parents, Custodians and Parties to the Case

For parties who do not initiate the GAL appointment or are unfamiliar with it, it is understandable that the thought of a stranger coming to your home, interviewing your children, and possibly taking other measures that touch upon your personal life may frankly feel unwelcome. It is important to remember that the GAL is a trained professional, usually a licensed attorney, who has been appointed after additional significant and ongoing GAL specific training. Most GALs act professionally, behave courteously, and keep their focus appropriately on the best interests of the children involved in the case. It is also not uncommon for the courts to vet their GALs, with the discretion to appoint GALs whom they know to be professional and competent after demonstrating these qualities through prior appearances before the court.

Successful interaction with the GAL (and the court) likewise requires keeping your focus on the best interests of the child or children involved in the case. Parents who focus on discussing their children, their relationship with the children and goals for the child will impress the GAL far more than parents who use their time speaking with the GAL to berate their ex partner or speak excessively about their own troubles. While there is certainly nothing wrong with embarking on a new romantic relationship-in fact the new person may grow to become a positive influence in the child’s life-parents who spend an undue amount of time discussing a new significant other, mentioning their plans together and giving the impression that the child is an afterthought are obviously going to raise red flags with a GAL. Most GALs realize and are empathetic that whatever the situation, it is probably stressful or you would not be in court, but their objective is to find the best way forward for the children involved in the case. In instances where despite best efforts you feel the GAL may not understand the situation or perhaps even holds a bias, it is best to work through your own attorney who can speak with the GAL and navigate these issues.

At Atkins And Atkins Attorneys at Law, we understand that every family is unique and that navigating the complexities of child custody decisions can be challenging. Our team of dedicated family law attorneys are here to help you understand the differences between shared parenting and sole custody so you can make the best decision for your family.

Shared Parenting: A Collaborative Approach

Shared parenting, sometimes referred to as joint custody, is an arrangement in which both parents share the rights and responsibilities of raising their children after a divorce or separation. This includes making decisions about the children’s education, health care, religion, and other important matters. Shared parenting typically involves a parenting plan, which outlines the specific details of how the parents will divide their time and responsibilities.

Pros of Shared Parenting:

1. Fosters a Stronger Parent-Child Relationship: Shared parenting allows both parents to maintain an active presence in their children’s life, which can lead to stronger parent-child relationships and a more stable environment for the children.
2. Encourages Cooperation: When parents work together to raise their children, they are more likely to develop effective communication and problem-solving skills.
3. Provides Emotional Stability: Children can benefit from the emotional stability that comes with maintaining strong relationships with both parents.

Sole Custody: One Parent Takes Charge

Sole custody is an arrangement in which one parent has the exclusive right to make decisions regarding the children’s upbringing. The non-custodial parent typically has visitation rights, but the custodial parent has the final say on all matters concerning the children.

Pros of Sole Custody:

1. Consistency: A sole custody arrangement can provide consistency and stability, which can be beneficial for the children if one parent is better equipped to provide a safe and nurturing environment.
2. Simplifies Decision-Making: Sole custody can streamline the decision-making process, as only one parent is responsible for making choices regarding the children’s upbringing.
3. Protects the Children from Conflict: In situations where the parents cannot cooperate or have a history of conflict, sole custody can shield the children from ongoing disputes.

Choosing the Right Path for Your Family

When determining the best custody arrangement for your family, it’s important to consider the unique circumstances of your situation. Some factors to consider include:

1. The ability of each parent to provide a stable and loving home environment.
2. The children’s preference (if they are of an appropriate age and maturity level).
3. The ability of the parents to communicate and cooperate effectively.
4. Any history of domestic violence, substance abuse, or other issues that could impact the children’s well-being.

At Atkins And Atkins Attorneys at Law, our experienced family law attorneys are here to guide you through the process of determining the most suitable child custody arrangement for your family. We are committed to helping you protect your children’s best interests while ensuring that your rights as a parent are respected. Contact us today to schedule a consultation and learn more about shared parenting, sole custody, and other custody options available to you.

At Atkins And Atkins Attorneys at Law, we understand that child custody disputes can be emotionally charged and stressful experiences. In the state of Ohio, custody proceedings between a parent and a nonparent may involve a determination of parental unsuitability, or whether a parent is considered “unfit” to have custody of their child.  

Parental Unsuitability in Ohio 

Ohio law (R.C. 2151.23(A)(2)) states that a court may not award custody to a nonparent without first making a finding of parental unsuitability. In other words, the court must determine that a preponderance of the evidence shows that the parent abandoned the child, contractually relinquished custody of the child, is totally incapable of supporting the child, or that an award of custody to the parent would be detrimental to the child. This determination is guided by the legal principle that parents may be denied custody only if the evidence clearly indicates one or more of these factors. 

Balancing the Interests of Parent and Child 

When a claim of parental unsuitability is based on the argument that the parent is “otherwise unsuitable,” the court must balance the interests of both the parent and the child. In one Ohio case, the court considered whether granting custody to the father would be detrimental to the child due to his criminal record and history of violence. Although there were concerns about the father’s past behavior, the court also considered his efforts to improve as a parent and maintain a strong bond with his child. 

In another case, the court found that substantial evidence of the mother’s total inability to provide care or support for her child overcame the presumption of parental suitability. This evidence included the mother’s history of drug abuse, failed drug treatment efforts, criminal record, and complete reliance on her parents to provide care for the child. 

How Atkins And Atkins Attorneys at Law Can Help 

Our team of skilled family law attorneys at Atkins And Atkins is committed to providing knowledgeable and compassionate legal representation to clients in Ohio. If you are involved in a child custody dispute involving allegations of parental unsuitability, we can help you understand your rights and advocate for your best interests. 

Whether you are a parent seeking to defend your suitability for custody or a nonparent concerned about the welfare of a child in the custody of an unsuitable parent, our attorneys will work diligently to ensure that your voice is heard and your rights – and the child’s – are protected throughout the legal process. 

 

At Atkins And Atkins Attorneys at Law, we understand that navigating the complexities of family law can be an emotionally challenging and confusing process. In the state of Ohio, one issue that may arise in family law cases is child abandonment. In this blog post, we will provide an overview of child abandonment, its implications, and how our experienced legal team can help guide you through the process.

What is Child Abandonment?

While the Ohio Revised Code (Ohio Rev. Code Ann. § 2151.011(C)) does not explicitly provide a definition for “abandonment,” it has been defined by the courts as any conduct on the part of the parent that demonstrates a settled purpose to forego all parental duties and relinquish all parental claims to the child. In simpler terms, child abandonment occurs when a parent intentionally gives up their parental rights and responsibilities with no intention of ever resuming them.

The Ohio Supreme Court has adopted dictionary definitions of “abandon,” which include the concept of relinquishment with the intent of never again resuming or claiming one’s rights or interests in. This definition remains in common usage today, and the first definition of “abandon” is to cease to assert or exercise an interest, right, or title to, especially with the intent of never again resuming or reasserting it.

Implications of Child Abandonment

Child abandonment can have significant legal consequences for both the parent and the child involved. When a parent abandons their child, they may lose their parental rights, which can result in the termination of their legal relationship with the child. This could impact the parent’s ability to make decisions for the child, as well as their rights to custody and visitation.

For the child, abandonment can lead to instability, emotional trauma, and potential involvement with the child welfare system. In cases where a child has been abandoned, the state may intervene to protect the child’s best interests, which could include placing the child in foster care or facilitating adoption proceedings.

How Atkins And Atkins Attorneys at Law Can Help

At Atkins And Atkins Attorneys at Law, our experienced team of family law attorneys is committed to providing compassionate and knowledgeable legal representation to families in Ohio. If you are facing issues related to child abandonment, we can help you navigate the complex legal process and ensure that your rights and interests are protected.

Whether you are a parent seeking to regain custody of a child who has been removed due to abandonment allegations or you are concerned about the welfare of a child who may have been abandoned, our attorneys will work diligently to advocate for your best interests and the best interests of the child.

Being a teenager is hard, and things can get much more complicated when parents divorce. But even if your teen seems ready to do things without your help, there are several things you can do to make his or her adolescence go more smoothly. Effectively co-parenting with your ex-spouse is a good place to start.

Of course you probably did not get a divorce because you work well with your ex. Co-parenting can still go smoothly if you are both committed to it. Here are several things you may want to keep in mind when going on this journey.

You have to communicate

Your teen is probably testing his or her newfound sense of freedom and independence. This means that you might be hearing less and less about what is going on at school or with friends. While this could simply be because there is less to report, it is more likely that he or she is keeping more information private.

With your teen splitting time between your household and your ex’s, each of you may end up with different information. Regularly communicating information about school reports, schedules and friends can keep both of you in the loop. This can help keep your relationship with your child stronger and healthier.

Remember to be flexible

Sticking to your parenting schedule no matter what might seem like a good idea, but that can backfire. Your teen’s life is a lot busier than when he or she was younger. Between hours of homework, extracurricular activities, friends and maybe a part time job, life will not necessarily squeeze into a strict schedule.

It is important for you and your ex-spouse to be flexible from time to time. This may mean spending an extra night at your house or spending a few extra hours with his or her other parent. This may take a bit of adjusting if you were strict on the parenting schedule when your child was younger.

Get on the same page

Running your household means making a lot of important decisions, especially when it comes to rules. But just like younger kids, teens still need a lot of consistent guidance from both parents. You and your ex should work to find middle ground on things like curfew, homework expectations and household chores.

Taking these co-parenting steps may seem easy, but it has to start with a strong child custody agreement. Whether you already have an agreement and need to update it or are creating one for the first time, it never hurts to have help and support along the way. An attorney who has plenty of experience in Ohio family law can provide that guidance.

As the summer months approach, parents may begin to consider how they will share custody when the kids are out of school. It is a good idea for families to make plans ahead of time to make the summer easier for everyone.

When your family puts together a summer schedule, it is helpful to keep a few things in mind.

Talk to the whole family

Many parents may have their own ideas for summer trips and activities. According to the Huffington Post, it is a good idea to get input about a summer schedule from the kids. Teenagers may plan to get a summer job and younger children may want to attend camp. Parents should make sure they include these activities in the summer schedule. Additionally, both parents may want to take the kids on vacation. It is a good idea to pick the vacation dates early so families do not accidentally double-book themselves.

Stick with the plan

Sometimes a situation may arise that makes it difficult to follow the plan. A trip may get canceled or the kids may get sick. For the most part, though, it is a good idea for families to follow their schedule as closely as possible. Parents may want to decide how they will handle last-minute requests, such as extending time with one parent.

Help the kids adjust

Sometimes the kids may feel anxious about going on trips with just one parent. DivorcedMoms.com says that it is a good idea for parents to stay positive and remind their kids that it is okay to have fun with the other parent. Parents may want to make communication plans so the kids know when to expect a phone call or an email. Additionally, it is a good idea to send photographs and special toys with the kids so they have familiar items around them.

In Ohio, children of divorce are able to live with both parents if the court grants the co-parents joint physical custody.

When divorced parents have joint physical custody, their children stay at each of their homes for certain lengths of time set by the court. Joint physical custody doesn’t always mean equal time spent with each parent, but it does mean that both parents would have the opportunity to live with their children.

The courts offer a sole custody option to divorcing parents, as well. Only one parent would be the custodial parent in a sole physical custody scenario, while the other parent could have visitation rights. This option works best for parents who do not get along or when one parent tends to carry out most of the parental responsibilities. Divorcees who would prefer to co-parent with their ex must ask themselves these three questions before choosing joint physical custody:

• Are both parents willing to work together?
• Do both parents live close to each other?
• Did one co-parent submit a parenting plan to the court?

Once all of these questions have been answered “yes,” the court can review the submitted parenting plan. A parenting plan should include provisions for the holiday season, summertime and the school year, as well as decisions about health care and legal custody. Then, the court will decide whether that parenting plan is in the best interest of the children. If it is, then the court can approve the plan. Both co-parents must adhere to the court-approved parenting plan. If the plan doesn’t work in the future, then they can request a modification.

It can be difficult for divorcing parents to identify impending issues with a parenting plan they created themselves. That’s why many divorcing couples reach out for help from an experienced professional. A skilled lawyer knows how to craft a plan that can work for a family many years into the future. Having a functional parenting plan provides a peace of mind during a stressful transition period. That’s why it’s better for divorcing parents to plan as early as possible.

The process of pursuing custody rights is complex, and for some people (such as fathers) it is especially difficult in some instances. For example, a father who wants to secure his custody rights with respect to a very young child often faces challenges in this regard, and at Atkins and Atkins Attorneys at Law, LLC, we recognize that many fathers in Ohio struggle with this facet of family law. However, instead of becoming hopeless or accepting that an unfavorable outcome is inevitable, fathers must review the details pertaining to their custody case and understand what steps they can take to secure custody rights.

For starters, fathers (and mothers) have to realize that every custody case is different. The court will take a lot of factors into consideration when deciding how to award custody, whether it is split between both parents or only one parent is given custody of a child. Financial well-being, one’s relationship with their child and a child’s needs all come into play when custody is at stake. Moreover, in some instances, disputes surface that put two parents against each other and these are often very difficult for parents and their children alike.

If you are a father worried about your custody rights, you must review the relevant laws regarding custody and various circumstances related to your life (such as your career, your ability to take care of your child and so on). If you take a look at our page on child custody, you will find more information related to working with your child’s other parent, securing custody rights and visitation.

Our law firm knows that custody disputes are very hard for many parents in Ohio. At Atkins and Atkins Attorneys at Law, LLC, we also realize that these disagreements are very difficult for many children as well. For some kids, such as those facing problems in school or other challenges in life, a custody dispute is especially upsetting. Fortunately, as a parent, you likely have the ability to make this situation easier for your child in various ways. In this post, we discuss various considerations regarding talking to your child about a custody dispute.

In many custody cases, children are torn between two parents they love. This is particularly hard when a custody dispute involves hard feelings, false allegations or the possibility of losing contact with one parent. You should do your best to stay optimistic, as difficult as that is in many instances, and reassure your child everything will turn out fine (even if you have the same concerns). For starters, when you talk with your child you have the opportunity to let them know that they are loved and that your love will remain regardless of the outcome of the dispute.

Children usually have a lot of questions when a custody dispute comes up, and providing them with answers usually helps to clear up confusion and assist in their ability to process what is going on. You may have a lot of questions yourself, so do plenty of research regarding your custody case. On our divorce page, we write about some other topics that are interconnected with child custody disputes.