In Rhode Island (RI), A guardian ad litem is an individual appointed by a Family Court Judge. The Guardian represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian ad litem is not a lawyer for the minor child!
Guardians are frequently used in in contentious custody cases when the parties have the resources to afford a guardian.The judge could make an appointment of a Guardian or the parties can agree to a guardian being appointed. If the parties cannot afford a guardian, the court can have Rhode Island Family Services do a home study and investigation for free.
A guardian is typically an attorney / lawyer who has been certified by the Family Court. They are required to get certified by the Court after many hours of training. A psychologist or psychiatrist could also act as a Guardian ad Litem. Guardian ad litems are very expensive.
Usually, both parties pay 1/2 of the expense. However, if one party has substantially more resources then the other party then that person may be ordered by the judge to pay up to 100 percent of the cost. If one person conduct caused the need for the guardian or is at fault they could be ordered to pay up to 100 percent of the cost.
The retainer for the Court Appointed Guardian usually averages between $2,000 to $4,000 depending upon the complexity of the case. This can be very difficult to afford in a Rhode Island divorce or custody case because both parties are paying their RI divorce attorney / lawyer.
In complex cases involving lots of evidence, witnesses and complexities, a guardian may cost substantially more then $4000. They bill on an hourly basis ranging between $150 to $250 an hour.
A guardian does not make the final decision as to which parent shall get physical placement or legal custody of the child. The judge makes the final decision regarding custody, visitation and physical placement / possession after hearing testimony at trial or hearing. The guardian drafts a report to submit to the Court with his or her findings and recommendations.
A Guardian ad Litem could be appointed in a dcyf case, divorce case, visitation case, custody case or other type of Family Court action.
The Guardian interviews both parents and interviews other witnesses involved in the childrens life such as teachers, social workers, guidance counselors, psychologists, psychiatrists, grandparents, aunts etc. The Guardian will have full access to medical records related to the child and perhaps the parents. He will have access to education, religious and other records related to the child. The amount of witnesses interviewed sometimes depends on whether the parties can afford additional work.
The guardian typically interviews the minor children about their opinions concerning legal custody, placement and visitation. The older the child, the more weight the he or she will give to the childrens preferences regarding custody or visitation.The guardian can recommend that other professionals get involved such as licensed clinical social workers, and psychologists.
Even though the judge makes the final decision regarding placement, legal custody and visitation, in reality, the guardian's report usually decides the issues. The judge typically adopts the recommendations of the Guardian. Both parties have the right to call the guardian as a witness and challenge the opinions and the basis of those opinions.
However, judges typically get frustrated by anyone who challenges the recommendations. It is extremely difficult to get a RI Family Court judge to not adopt the recommendations.
David Slepkow is a Rhode Island Divorce lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 12 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted. Evening appointments available.
For a complete list of Rhode Island law articles written by Rhode Island Family Law Attorney, David Slepkow, please visit http://www.slepkowlaw.com/ri-law.htm
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