Divorce can be a difficult experience for everyone involved, especially when children are part of the picture. In New Jersey, divorce cases that involve children often include the appointment of a guardian ad litem, a person whose job is to represent the best interests of the children. Understanding the role of a guardian ad litem in New Jersey divorce cases is important for parents who want to make sure their children’s needs are put first during the legal process.
When parents are going through a divorce, disagreements about custody, visitation, and other matters can arise. These issues can get complicated, and it may be hard for parents to agree on what’s best for their kids. This is where the guardian ad litem comes in. The guardian ad litem is appointed by the court to help ensure that the child’s voice is heard and that their best interests are considered when decisions are made. The guardian ad litem does not take sides with either parent, but instead focuses on what is truly best for the child. At, Tanya L. Freeman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
Who Can Be a Guardian ad Litem?
In New Jersey, a guardian ad litem is often an attorney, but they can also be a trained professional with a background in child welfare or social work. The court appoints the guardian ad litem after considering the needs of the child and the complexity of the case. This person should have the experience and training to understand the unique challenges that come with handling cases involving children in the middle of family disputes. The goal is to have someone who can look at the situation objectively and help the court make informed decisions.
Parents may wonder if they can choose the guardian ad litem, but the appointment is made by the court. While parents can express their concerns or suggestions to the judge, the final decision rests with the court. The judge selects someone who will be fair, neutral, and focused solely on the child’s well-being.
The Duties of a Guardian ad Litem
Once appointed, the guardian ad litem has several responsibilities. One of the main duties is to investigate the family situation. This means the guardian ad litem will talk to both parents, the child, and sometimes other family members or professionals who know the family well. The goal of these conversations is to get a full picture of the child’s home life and understand what would be best for them. The guardian ad litem may also visit the child’s home, school, and other places the child spends time to get a better understanding of their daily life.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
In addition to speaking with the family, the guardian ad litem will review important documents related to the case. These can include medical records, school reports, and any legal documents that give insight into the child’s health, education, and overall well-being. By gathering all of this information, the guardian ad litem can make a well-informed recommendation to the court.
The guardian ad litem also participates in court hearings related to the divorce. They may speak directly to the judge about what they believe is in the child’s best interest. The guardian ad litem’s input is taken seriously by the court, and their recommendations can play a key role in the judge’s final decision.
How the Guardian ad Litem Impacts Custody and Visitation Decisions
In New Jersey, one of the most important issues in a divorce involving children is custody. There are two types of custody to consider: legal custody and physical custody. Legal custody involves making important decisions about the child’s education, health care, and general welfare. Physical custody refers to where the child will live. Sometimes parents share custody, but in other cases, one parent may be granted primary custody, with the other parent receiving visitation rights.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
When parents cannot agree on custody arrangements, the guardian ad litem’s role becomes crucial. After completing their investigation, the guardian ad litem will recommend a custody arrangement that they believe is best for the child. This recommendation is based on what the guardian ad litem has learned about the child’s needs, the parents’ ability to care for the child, and other factors that affect the child’s well-being. The judge takes this recommendation into account when making the final decision, though the judge may also consider other factors.
Visitation is another area where the guardian ad litem plays an important role. If one parent believes that the other parent should have limited visitation or supervised visitation, the guardian ad litem will investigate these claims and make a recommendation. The goal is to ensure that the child’s time with both parents is safe and positive, and that the visitation arrangement is in the child’s best interest.
Helping the Court Understand the Child’s Perspective
One of the main reasons a guardian ad litem is appointed in New Jersey divorce cases is to make sure the child’s voice is heard. Divorce can be an emotional and confusing time for children, and they may not always feel comfortable expressing their feelings directly to their parents or in court. The guardian ad litem serves as a bridge between the child and the court, allowing the child’s thoughts and concerns to be considered in a way that feels safe for them.
Children, especially younger ones, may not fully understand the legal process or what it means for their future. The guardian ad litem can help explain things to the child in a way that is appropriate for their age. They can also provide emotional support by helping the child express their feelings about the divorce and the changes it will bring to their life. By giving the child a voice, the guardian ad litem ensures that the court takes their perspective into account when making decisions.
Related Videos
It is important to note that while the guardian ad litem represents the child’s best interests, this may not always align with what the child says they want. For example, a child may express a desire to live with one parent full-time, but the guardian ad litem may recommend joint custody if they believe it is in the child’s best interest to maintain a relationship with both parents. The goal is to focus on what is best for the child in the long term, not just what the child wants at the moment.
When a Guardian ad Litem is Appointed in New Jersey
Not every divorce case involving children will require a guardian ad litem. In New Jersey, the court typically appoints a guardian ad litem when there are serious disagreements about custody or when there are concerns about the child’s safety or well-being. This could include situations where one parent accuses the other of abuse or neglect, or when one parent claims the other is unfit to care for the child.
A guardian ad litem may also be appointed in cases where the child has special needs or where the parents have a history of conflict that makes it difficult for them to make decisions together. In these cases, the guardian ad litem helps the court get a clear understanding of the situation so that the right decisions can be made for the child’s future.
The Benefits of Having a Guardian ad Litem
Having a guardian ad litem involved in a divorce case can offer several benefits. For one, it ensures that the child’s needs are given priority throughout the legal process. In some cases, parents may get so caught up in their own disagreements that the child’s well-being is overlooked. The guardian ad litem helps prevent this from happening by keeping the focus on what is best for the child.
Additionally, the guardian ad litem’s recommendations can help resolve disputes more quickly. Instead of going back and forth on custody and visitation arrangements, the court can rely on the guardian ad litem’s insights to make decisions. This can reduce the stress and conflict that often comes with a drawn-out legal battle, making the process easier for both the parents and the child.
In New Jersey divorce cases involving children, the role of the guardian ad litem is a vital one. They serve as a neutral voice that ensures the child’s best interests are always considered, helping the court make fair and informed decisions. For parents going through a divorce, understanding the responsibilities of the guardian ad litem and the impact they can have on the outcome of the case is essential. The guardian ad litem is there to make sure that the child’s needs are prioritized, providing a sense of stability and support during what can be a very difficult time.
If you are facing a divorce in New Jersey and believe a guardian ad litem may be necessary for your case, it’s important to work with a legal team that understands the process and can guide you through it. Tanya L. Freeman, Attorney at Law, has the experience to assist you in navigating your divorce case and ensuring that your child’s best interests are represented. Contact our firm today to learn more about how we can help you.