(150+)Ending a marriage is hard—especially so if you are a parent in a high-conflict divorce case. It is a sensitive situation. In some cases, a South Carolina court may appoint a guardian ad litem (GAL) to help protect the child. As a parent, you may be wondering: What is the role of guardian ad litem? The short answer is that a GAL is a trained professional who is empowered to ensure the child’s best interests are protected. Here, our Greenville child custody attorney provides an overview of the role of a guardian ad litem in high-conflict divorce cases in South Carolina.
What is a Guardian Ad Litem in South Carolina?
The South Carolina Bar explains that a guardian ad litem (GAL) is “a lawyer or non-lawyer appointed in court proceedings by the court to represent “the best interests” of the child or children involved in that case.” In other words, a GAL is a court-appointed advocate who has the duty to ensure that the child’s voice is heard and considered in the decision-making process.
What Does a Guardian Ad Litem Do
What is the role of a GAL in a high-conflict divorce in South Carolina? When appointed, a guardian ad litem has a number of different specific responsibilities. Here are four of the most important things that a GAL does in a high-conflict South Carolina divorce:
- Investigates the Family’s Dynamics: In high-conflict divorce cases in South Carolina, a guardian ad litem thoroughly investigates the family dynamics by conducting interviews with the parents, children, and other relevant parties such as teachers and healthcare providers. They may also review documents like school records and medical reports to gain a comprehensive understanding of the child’s life.
- Facilitates Communication: In high-conflict situations, the GAL helps facilitate communication between the child and parents, as well as between the parents themselves when necessary. The role is particularly important when parental conflict might otherwise hinder the free expression of the child’s wishes or collaborative problem-solving.
- Represents the Child’s Best Interests: The GAL acts as an independent voice for the child in court proceedings. They present their findings to the judge and they are involved in the process to provide information to help ensure that the court’s decisions reflect the best interests of the child.
- Makes Recommendations Regarding Custody and Visitation: The guardian ad litem evaluates all aspects of the child’s life and the parental capabilities. They are empowered to provide informed recommendations to the court regarding a custody arrangement. In doing so, the GAL will consider a wide range of different factors, including the child’s emotional, educational, and physical needs and the ability of each parent to meet these needs.
What a Guardian Ad Litem Does Not Do
Here is the most important thing to know about the limitation of the GAL’s authority in South Carolina: A guardian ad litem will not make the final decision about custody or visitation in South Carolina. While they play a critical role in representing the child’s interests and making recommendations, the ultimate authority to decide on custody and other legal matters rests with the judge. GALs do not act as the child’s legal attorney nor do they have the power to enforce court orders. Their role is investigatory and advisory.
Is a Guardian AD Litem Appointed in Every Divorce Case in South Carolina?
No, a Guardian Ad Litem (GAL) is not appointed in every divorce case in South Carolina. They are typically only appointed in cases where there are disputes concerning the custody, care, and welfare of minor children—particularly in high-conflict divorces where the child’s best interests are unclear or in dispute. Indeed, not all parents who are going through a divorce in South Carolina will have a Gal assigned to their case. The decision to appoint a GAL is at the discretion of the court.
Can I Request a GAL in My High-Conflict Divorce Case?
Yes. You can request a GAL in your high-conflict divorce case in South Carolina. If you believe that a GAL is necessary to help protect your child’s best interests, you can file a motion requesting the appointment of a guardian ad litem. The court will consider your request based on the nature of the conflicts, the impact on the child, and the overall benefits a GAL could provide in your specific situation. The judge will decide whether appointing a GAL is appropriate. A South Carolina child custody lawyer can help you evaluate whether requesting a guardian ad litem is sensible for your case.
Best Interests of the Child is a Comprehensive Standard in South Carolina
The best interests of the child are always the top priority in a custody/visitation case in our state.
Under South Carolina Code § 63-15-240, a court will resolve a custody dispute in the best interests of the child. It is a comprehensive standard. A court can evaluate all relevant information to determine what is best for the child’s health, safety, emotional well-being, and social development.
Angela Elliott Frazier is a Fighter for Parents in South Carolina
Are you a parent involved in a high-conflict divorce or separation? Is a guardian ad litem going to be involved in your case? It is imperative that you have a top-tier attorney on your side. Our founding lawyer Angela Elliott Frazier is a fighter for clients. As an experienced family law advocate and a mother herself, Attorney Frazier provides personalized legal guidance and support to parents, including in high-conflict divorce and custody cases.
Contact Our South Carolina Child Support Attorney Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South Carolina family lawyer has extensive experience handling complex child custody cases. If you have any specific questions or concerns about the role of a guardian ad litem, we are here to help. Give us a call now or connect with us online to arrange your confidential initial case evaluation. From our Greenville office, we handle custody and visitation cases across the region.
