Going through a separation or divorce can be stressful and, when children are in the mix, a different level of complexity often arises. Children thrive on routine and divorce is usually a huge change that requires adjustment on their behalf and behalf of the family. Things that have been singular and constant now shift to plural and fluctuate: 2 homes, 2 birthdays and holiday celebrations, 2 sets of rules, and 2 different routines. There is often uncertainty while parents work to untangle their lives from one another, and children can often feel stuck in the middle. This can be especially true when it comes to determining custody and visitation.
In what is often a confusing and overwhelming time, who Advocates for Your Children During Separation and Divorce?
Guardian ad Litem
A Guardian ad Litem, or GAL, is a person who is appointed by the court to represent the best interests of the child(ren) involved in contentious or complex cases. Either party may request that a GAL be appointed, or the court may appoint one without the party’s request.
GALs are typically, though not always, experienced family law attorneys. They exist as the “eyes and ears” on the ground for the court and because they represent the best interests of the child, and not either party to the case, they can provide a different and unbiased perspective of what the child’s needs and daily life look like. This holistic view allows a broader understanding than what might be able to be discovered in a court hearing.
What does a GAL do once they are appointed? GALs talk directly to the child and give them an avenue to express their feelings and opinions for a court hearing without having to testify, which can be incredibly stressful for a child. Additionally, they interview parents, caretakers, social workers, teachers, service providers and review documents and records related to the child and their family. After being involved in the case for a while, GALs write reports for the court and can be called to testify on what decision they believe is in the child’s best interest.
Parenting Coordinators
A Parenting Coordinator, or PC, is a licensed professional appointed by the court who helps parents communicate and make decisions related to their minor children. PCs can be appointed when three factors are met: (1) the case is high in conflict, (2) when it is in the best interest of the minor children, and (3) when the parties are able to pay for the cost of the PC.
Not just anyone can be a parenting coordinator. In order to be qualified as a PC, a person must have:
- a masters or doctorate in psychology, law, social work, or counseling;
- 5 years of related professional post-degree experience;
- a current North Carolina license in the PC’s area of practice; and
- attained 24 hours of training in topics related to the developmental stages of children, high-conflict families, problem-solving, mediation, and legal issues.
These highly-trained professionals can be an integral part of keeping the focus on what is in the best interests of the child in contentious cases.
When it comes to what a PC can do, it varies by case and the scope of authority they are given by the court. A PC is granted authority by the court over matters that will assist the parties in complying with the details laid out in the custody order and handling any issues that might arise outside of the scope of the custody order. The PC can decide any issue within the scope granted to them by the court and their decision stands as an order of the court (and can be modified/reviewed by the court). Examples of matters that might be within the scope of a PC are:
- Transition time, pick-up, or delivery of child
- Vacations and holidays
- Daycare/Babysitting
- Before- and after-school activities or extracurriculars
- Discipline
- Health care management
- Who may participate in visitation
- Telephone/Virtual contact
- Education
- Etc.
In addition, PCs may file reports with the courts on a variety of issues during their appointment.
Separation and divorce can be a tumultuous process for everyone involved, and it can be easy to let what really matters fall out of focus when emotions and tensions are high. Know that asking for a GAL or PC to be appointed in your case might make the process easier for you and, more importantly, you’re your child(ren). If you are navigating custody post-separation and divorce, the experienced family law attorneys at Sodoma Law are here to help.
