Divorce is rarely easy. But when a nasty breakup also requires a legal battle over parental rights and child custody, it makes it more challenging. Child custody is one of the most difficult experiences of a person’s lifetime, especially for the children involved. The Guardian Ad Litem in Fayette County is Kentucky’s answer to this problem.

The State of Kentucky has both a top-ten birth rate and a top-ten divorce rate when compared to the rest of the United States. These numbers make it clear that Kentucky’s kids are at risk of experiencing divorce, and all of the trauma and turmoil that comes along with it.

A Guardian Ad Litem (or GAL) is appointed by the court in such cases to advocate for the interests of minors. Having a dedicated, court-appointed attorney working on behalf of such children is one powerful tool the state uses to mitigate some of those negative effects.

You should hire a child custody lawyer if you’re worried about protecting your own parental rights. However, in Kentucky, child custody cases also require an understanding of how to work with your child’s lawyer, the Guardian Ad Litem.

What is the Guardian Ad Litem in Fayette County, KY?

The Guardian Ad Litem is a court-appointed advocate who is also a licensed and qualified attorney. They act on behalf of minor children in child custody cases and in situations involving child abuse or neglect. There are 8,692 children in Kentucky’s Out of Home Care program that could benefit from this service.

GALs often have training in family court issues and a comprehensive understanding of child custody laws, making them powerful advocates for Kentuckians who are too young to speak for themselves or understand the legal process.

The Guardian Ad Litem must act in the interests of the minor child they are representing, whatever that may mean. In cases where a child is mature enough to express their own feelings and opinions, the GAL may also make arguments on behalf of the child’s wishes and preferences. However, those wishes must not conflict with the child’s interests.

Because the Guardian Ad Litem is effectively a personal attorney for one of the parties involved in a custody battle, they cannot give testimony in divorce court or act as a witness. Instead, they stand ready to make legal motions or oral arguments in order to assert their client’s rights.

Some ways the Guardian Ad Litem protects a child’s interests during a high-conflict Fayette County child custody case include:

  • Acting in the role of a minor child’s personal attorney at all hearings and other legal proceedings.
  • Using Kentucky law to protect a minor child’s rights and ensure they are set up for a successful future, despite the dissolution of their parents’ marriage.
  • Interfacing with the child’s family, school, the court, social workers, and other relevant officials to get a clear picture of the child’s current situation and their needs going forward.
  • Filing motions, briefs, or other legal instruments on behalf of their client when appropriate.
  • Arguing on behalf of the child’s desires and preferences, as long as those preferences don’t contradict the child’s actual interests.

To request a GAL, documents are filed with the Kentucky Court of Justice at 1001 Vandalay Drive in Frankfort.

Working with the Guardian Ad Litem in Kentucky Child Custody Cases

If you have hired your own Fayette County child custody attorney, it’s natural to take an antagonistic stance towards any other lawyers involved in the case. This may make sense when considering your ex’s legal team, but not when looking at your relationship with the Guardian Ad Litem.

The Guardian Ad Litem is there to help ensure your child’s emotional, social, and material needs are met after your divorce. After all, the GAL’s only priority is your child’s well-being, which should align with your own goals.

If you are experiencing an issue with a court-appointed Guardian Ad Litem, you can take legal action. This might be the case if they seem to be acting in your ex’s interests rather than fighting on behalf of your minor child.

Work with your attorney to file the appropriate motions to request that the GAL’s activities be reviewed. If they are deemed to be problematic, they may be relieved of their duties and replaced with a more competent GAL.

FAQs

How Much Does It Cost for a Guardian Ad Litem?

A Guardian Ad Litem is appointed and paid through the family court or district court. In Kentucky, a GAL is paid a flat fee on a per-case basis. If no Guardian Ad Litem has been appointed in your case and you believe one needs to be, there may be separate legal fees involved in having your attorney draft the necessary motions.

What Looks Bad to a Guardian Ad Litem?

Many things “look bad” to a Guardian Ad Litem, including anything that would look bad to a social worker, teacher, or family member invested in a child’s well-being. Neglect, abuse, unsafe living conditions, emotional disturbance, and poor hygiene are just a few examples of things that may raise red flags.

What Can a Guardian Ad Litem Not Do?

A Guardian Ad Litem cannot do many things. This is a narrow and highly unique role where an attorney is advocating solely for the rights and interests of a minor child involved in a family law matter. For example, a Guardian Ad Litem cannot serve as a fact witness or offer testimony for a case in which they are already acting as Guardian Ad Litem.

What Should I Expect from a Guardian Ad Litem Home Visit?

What to expect from a Guardian Ad Litem home visit will vary from case to case. It depends on your specific circumstances, your child’s age and actual needs, and any specific allegations made in court. In general, a home visit from a GAL will be somewhat similar to a visit from a social worker. It may be a very open-ended checkup or more focused on specific elements, depending on the details of your case.

Hire a Child Custody Lawyer to Get the Most Out of the Guardian Ad Litem

If you are involved in a brutal child custody fight and need help working with the Guardian Ad Litem, help is available. Contact Kentucky’s own Stange Law Firm, PC, as soon as possible to set up your confidential consultation and assert your rights as a parent.