Knoxville Guardian ad Litem
As a family attorney, John T. Sholly, Attorney and Counselor at Law deals with various issues concerning children’s rights and welfare. We also help parents understand Tennessee law to protect their rights and gain rightful custody. And since we work in varied cases, we also have to deal with the appointment of a guardian ad litem (GAL) or work as one.
In specific custody and child abuse/neglect cases, the court must appoint a GAL to represent a child. However, selecting a guardian ad litem can sometimes put parents in emotional and mental turmoil since the GAL has the right to investigate personal matters and judge their parenting.
Nevertheless, we ask you to cooperate with the court-appointed guardian ad litem. Before the appointment, the court will consider numerous factors to determine if a GAL is necessary to advocate for the child’s interest. So if they are involved in your case, you can trust that their presence can better help protect your child’s welfare.
If you have any queries about working with a guardian ad litem, don’t hesitate to contact John T. Sholly, Attorney and Counselor at Law. Our family lawyers will be more than ready to answer your questions and provide the legal counsel you require.
Call John T. Sholly, Attorney and Counselor at Law today at (865) 809-8059 for your consultation with a Knoxville Guardian ad Litem lawyer!
What is a Guardian Ad Litem?
A guardian ad litem is defined in Tennessee law as a court-appointed lawyer who will advocate for a child’s best interests, concerns, and preferences. And even if the court has appointed the GAL, their client is the child, not the court or any other party involved in the case.
Not every family law issue that involves a minor will require a guardian ad litem. They are mostly appointed during a contested custody proceeding or if a child is allegedly abused or neglected. One or both parents can also request for a GAL to be set.
Included in the duties of a guardian ad litem are the following:
- Interview the individuals who have been in contact with the child
- Examine, cross-examine, and subpoena witnesses
- Provide testimony
Regarding custody matters, a GAL will evaluate how comfortable the child is with each of the parents. The GAL will also acknowledge the children’s preferences of where they’d like to live. The GAL will then recommend to the court how custody should be divided and how visitations should work.
When Must The Court Appoint a Guardian ad Litem?
Tennessee family law dictates that the court should sparingly appoint a guardian ad litem in custody cases. This is because it is to be assumed that, in most cases, the parents are already actively protecting their child’s best interests.
So before a court can appoint a GAL, it must first be checked if any of the following circumstances noted in the Tennessee Code Annotated section 36-4-132 is true to the case:
- There are specific needs of the child that should be met.
- The child has requested representation.
- There is a display of manipulation or inappropriate influence on the child committed by an adult.
- The children need to act as witnesses, and the court wants to minimize the litigation’s impact on them as much as possible.
- There is a hostile relationship between the parents that warrants the child’s protection.
- There is a threat to the child’s safety during custody, visitation, access, or parenting time, particularly the possibility of the child being at risk of abduction.
- There is a pending relocation that can remove the child from a parent, sibling, or loved one to whom the child is attached.
- The child has special mental, physical, or educational needs.
- The paternity of the child is being challenged.
Suppose it is determined that a guardian ad litem is necessary. In that case, Tennessee law dictates that the person to be appointed should have the proper knowledge, skills, training, qualifications, and experience to serve as the child’s representative effectively.
Talk To A Legal Professional Today
Our Knoxville, Tennessee law firm understands that custody cases and child abuse or neglect issues are already strenuous. You have to fight for your child’s rights and well-being while ensuring their emotional and mental state won’t be negatively affected by the whole process.
Unfortunately, there are instances that children will be primarily involved in the actual legal process. In this case, you must welcome the neutral third party that the court will appoint as a guardian ad litem.
It’s best to answer the GAL’s questions and cooperate in their investigation as best as possible. Ultimately, the goal is to put your child’s best interests forward and ensure they have the best possible living arrangement.
If you want more information on what to expect when working with a Guardian ad litem in Knoxville, please talk with our family lawyer now.
Call John T. Sholly, Attorney and Counselor at Law today at (865) 809-8059 for your consultation with a Knoxville Guardian ad Litem lawyer!