Custody in Divorce Cases
One of the most crucial decisions in a divorce is determining the custody of minor children. In Ohio, the courts refer to this as the “allocation of parental rights and responsibilities.” To make this decision, the court considers several factors, including the child’s interaction with parents and siblings, their adjustment to home, school, and community, and the mental and physical health of all parties involved. Each party should present evidence regarding these factors to the court. The court will assess the validity of the presented facts, but it can be challenging to fully understand the situation outside the courtroom and the credibility of the parties’ claims.
The Role of a Guardian ad Litem
To resolve discrepancies and ensure the child’s best interests are prioritized, the court can appoint a guardian ad litem. A guardian ad litem is a licensed professional tasked with investigating the case. Their role is guided by the Ohio Rules of Superintendence, specifically Rule 48.03, which outlines their duties, including:
- Becoming informed about the case and contacting all relevant persons.
- Observing the child with each parent, foster parent, guardian, or physical custodian.
- Interviewing the child, if age and developmentally appropriate, without the presence of a parent, foster parent, guardian, or physical custodian.
- Visiting the child at their residence or proposed residence according to court standards.
- Ascertaining the child’s wishes and concerns.
- Interviewing parties, foster parents, guardians, and other significant individuals with relevant knowledge, potentially without others present.
- Interviewing relevant school personnel, medical and mental health providers, child protective services workers, and court personnel, and obtaining relevant records.
- Reviewing pleadings and other relevant court documents.
- Obtaining and reviewing relevant criminal, civil, educational, mental health, medical, and administrative records related to the child and, if appropriate, the family or other parties in the case.
- Requesting court orders for psychological evaluations, mental health or substance abuse assessments, or other evaluations or tests as deemed necessary.
- Reviewing necessary information and interviewing others to make an informed recommendation about the child’s best interest.
Costs and Communication with a Guardian ad Litem
The parents are required to provide releases to the guardian ad litem to enable them to perform their duties. The guardian ad litem attends each court date and provides updates as necessary, acting as the court’s eyes and ears. They can be invaluable in helping the court understand client concerns, such as consistent lateness in picking up children or frequent tardiness to school, by reviewing school attendance records and notes.
However, it’s important to note that appointing a guardian ad litem incurs costs. The court requires a deposit for their services, and the parties will share the hourly rate and remaining payments equally. Although there are costs involved, the hourly rate is typically lower than that of an attorney and can reduce the workload for your attorney.
Neutrality of the Guardian ad Litem
The guardian ad litem is a neutral party and does not represent either parent. Communication with the guardian ad litem is not privileged and can be disclosed in court. Furthermore, they cannot provide legal advice to either party. Overcommunication or misuse of the guardian ad litem process can be detrimental to your case.
Final Recommendation and Working with Your Attorney
The guardian ad litem will provide a final recommendation and report before the final hearing. If utilized correctly, a guardian ad litem can be a significant asset to your case. However, it is still up to the client and their attorney to provide the necessary contacts and resources to the guardian ad litem. It is crucial to maintain open communication with your attorney throughout the case to ensure the best possible outcome.
For guidance through your divorce or child custody case, contact Family Law Attorney Carly Boyd at cboyd@kjk.com.