The term "Guardian Ad Litem" is an attorney appointed by a judge to represent someone who is would have a difficult time speaking for his or herself in court. Many judges in Kansas appoint guardians ad litem (GAL) to represent children in contested custody cases. Kansas Supreme Court Rules set out guidelines regarding training for GAL's and what sort of inquiry the GAL should make on behalf of the child.
If the child is mature enough the GAL will visit with the child, usually more than once. They will also look into medical care and school records in addition to visiting with both parents and other witnesses recommended by the parents. Sometimes the GAL will need to review police reports and investigations by DCF.
At the conclusion of the investigation the GAL will make a written report to the Court and counsel. The judge is not required to follow the recommendations made in the report, but most judges give a lot of weight to the GAL's conclusions when deciding a case. For that reason, most cases get settled after the GAL finishes his/her report.
The cost of a GAL investigation depends upon how in depth the report needs to be and what issues are to be investigated. Obviously if the GAL is only trying to investigate where a child should be living during Christmas Break, that can be done fairly economically. But a full blown investigation and report in a contested child custody matter might cost over $3,000.
Even though the investigation and report are expensive, it is still probably cheaper than a full blown custody trial which can cost each party $10,000 or more--with the assumption that the report eliminates the need for further litigation.
It usually takes 4-8 weeks for a GAL to investigate and create a report. While that is a long time, scheduling a trial in a contested custody will take months.
Retaining a GAL in a custody dispute may be cheaper in the long run than going to trial, and it might speed up the process of determining custody (if both parties are willing to give the report due weight in a good faith effort to settle their case). Lastly, avoiding a custody trial is more healthy for the parents and children than having each parent air all their grievances in a public courtroom.
Comments