There are several types of guardians. You may know that guardians are close relatives of the family. However, there is a slight difference with Guardian Ad Litem (GAL). Usually, if necessary, the court appoints a Guardian Ad Litem (GAL) for a child when divorce or child custody is at stake. The guardian here must be from a neutral third party. It means that parents, family, and close friends are not appointed in these cases. Each state has its own rules regarding Guardian Ad Litem (GAL). By the way, how to become a Guardian Ad Litem (GAL) in Tennessee? Let us find out the information by reading this entire article.
What is a Guardian Ad Litem (GAL)?
In Tennessee, a Guardian Ad Litem (GAL) is defined as a licensed attorney appointed by the court to fight for the rights and best interests of a child in a custody proceeding. The Guardian Ad Litem (GAL) also has the role of ensuring that the interests and choices of the child are effectively championed. According to the rules, a client of a Guardian Ad Litem (GAL) is not an adult, parent or guardian of a minor, but instead, the minor child themselves is a client of the attorney. It means that a Guardian Ad Litem (GAL) will fight on behalf of the minor child.
To encourage anyone to become a Guardian ad Litem (GAL), the TBA Young Lawyers Division has made an online Guardian Ad Litem toolkit. The toolkit Guardian ad Litem offers features and tools required by a Guardian Ad Litem (GAL) to serve minor children in the Juvenile Court. The purpose of the Guardian Ad Litem toolkit is to offer content that allows you to take on the role of a Guardian Ad Litem (GAL), regardless of practice area. At this time, the content available on the Guardian ad Litem toolkit only covers the work of Guardian Ad Litem in the context of Juvenile Court, or specifically in dependency and neglect actions.
Role of a Guardian Ad Litem (GAL)
As a Guardian Ad Litem (GAL) is not appointed in every divorce case or other family law case, the function and role of a Guardian Ad Litem (GAL) is also not as well-known as other aspects that arise in divorce cases or family law matters. However, their role is quite useful as a Guardian Ad Litem (GAL) will ensure that the rights and interests of the child are met.
Under rule 40A section 6, it is explained that:
- The role of a Guardian Ad Litem (GAL) is to represent the best interests of the child by collecting facts and presenting the facts for the court′s consideration subject to the Tennessee Rules of Evidence.
- The Guardian Ad Litem (GAL) shall not function as a special master for the court or perform any other judicial or quasi-judicial responsibilities.
How to Become a Guardian Ad Litem (GAL) in Tennessee?
You need to know that each state has its own rule regarding becoming a Guardian Ad Litem (GAL). In Tennessee, to be a Guardian Ad Litem (GAL), you must be appointed directly by the court. Tennessee law provides that in divorce cases, a Guardian ad Litem (GAL) may be appointed directly by the court for any minor child of the marriage. Additionally, the divorcing party or one of the divorcing spouses can also file a motion to appoint a Guardian Ad Litem (GAL) who will play a role in protecting the rights and interests of the child. However, this only can be done if the divorcing party feels that it is necessary to do so in order to protect the best interests of the child.
Commonly, a Guardian Ad Litem (GAL) appointed by the court can be a lawyer, advocate, or other professional with a background in law, criminal justice or psychology. Although appointed by the court, the parents or caregivers of the child will be required to pay for the Guardian Ad Litem (GAL). The amount spent to pay a Guardian Ad Litem (GAL) will depend on the expected duration of work, the financial strength of the parents, and the complexity of the case.
By the way, how long is the duration of the Guardian Ad Litem (GAL) appointment? For your information, the appointment of the Guardian Ad Litem (GAL) is only valid for the duration specified in the appointment order or any subsequent order. If there is no order specifying the duration of the appointment, then the Guardian Ad Litem (GAL) appointment automatically will terminate when the court order or judgment deciding the custody or modification proceedings becomes final.
Why the Court Has the Ability to Appoint a Guardian Ad Litem (GAL)?
You may be wondering why in Tennessee the court has the ability to appoint a Guardian Ad Litem GAL). You should know that the Tennessee Supreme Court has created Rule 40A. In the regulation, it is explained that the Court has the authority to appoint a Guardian Ad Litem (GAL) in custody proceedings. This is usually done when the court sees that the parties involved in the custody action are not adequately protecting the best interests of the minor child. Well, in such circumstances, the court will appoint someone to be a Guardian Ad Litem (GAL).
It should be noted that a Guardian Ad Litem (GAL) will not be automatically appointed in lots of situations. Because in some cases, there are times when the court does not need to appoint a Guardian Ad Litem (GAL). In these cases, the court will defer to the discretion of the minor’s parents, assuming that those parents will also act in a manner sufficient to do what is best for the child. But if both parents are unable to fulfill the best interest of the child, then a Guardian Ad Litem (GAL) will be appointed by the court.
Considerations When Deciding Whether a GAL is Required
Under Tennessee Supreme Court rule 40A, when deciding whether a Guardian Ad Litem (GAL) is required, the court considers the following factors:
- The fundamental right of parents to the care, custody, and control of their children.
- The nature and adequacy of the evidence the parties likely will present.
- The court′s need for additional information and/or assistance.
- The financial burden on the parties of appointing a guardian ad litem and the ability of the parties to pay reasonable fees to the Guardian Ad Litem (GAL)
- The cost and availability of alternative methods of obtaining the information/evidence necessary to resolve the issues in the proceeding without appointing a Guardian Ad Litem (GAL).
- Any alleged factors indicating a particularized need for the appointment of a Guardian Ad Litem (GAL).
For those of you who are handling divorce or child custody proceedings, and the court appoints a Guardian Ad Litem (GAL) for your child, you should not consider the guardian as an enemy. A Guardian Ad Litem (GAL) appointed by the court is someone whose role is to ensure the welfare of your child. So, if a judge in court appoints a Guardian Ad Litem (GAL) in your case, it is because the judge wants to ensure that your child’s needs are met and secured. To prove that your goals are in line with your child’s best interests, make sure you answer his questions honestly.
