孩子的监护权 & Guardian Ad Litem for your Child

In child custody cases, as well as in 虐待儿童 和 neglect cases, 法院 may appoint a guardian ad litem to represent the best interests of the child. This is in keeping with the much broader emphasis in North Carolina on doing what is determined to be best for the child. 

Family law 和 divorce attorneys here in the Piedmont Triad encounter guardians ad litem in child custody, 虐待儿童, 和 child neglect cases. 具体地说, a guardian ad litem is a fiduciary for your child appointed by 法院 generally in one of the following two instances:

1. If there is a Petition filed by the Department of Social 服务 related to your child, then the Court appoints at State expense a guardian ad litem to be the voice of your child. The guardian will meet with the child 和 report back to 法院.

2. Sometimes in high conflict custody cases, 法院, generally upon the motion of one of the parents, can appoint a guardian ad litem to be the voice of the child 和 report to 法院 on various issues related to the child. The order to appoint the guardian ad litem in this instance is very important 和 needs to clearly describe what the guardian should do. The guardian ad litem is generally paid for by one or both parents.

根据N.C.G.S. §7B-601, “the duties of the guardian ad litem program shall be to make an investigation to determine the facts, the needs of the juvenile, 和 the available resources within the family 和 community to meet those needs; to facilitate, 在适当的时候, the settlement of disputed issues; to offer evidence 和 examine witnesses at adjudication; to explore options with 法院 at the dispositional hearing; to conduct follow-up investigations to insure that the orders of 法院 are being properly executed; to report to 法院 when the needs of the juvenile are not being met; 和 to protect 和 promote the best interests of the juvenile until formally relieved of the responsibility by 法院.”

The duties of the guardian ad litem, as described in the above statute, show the diverse range of issues that a guardian ad litem focuses on, all while keeping in mind what is best for the child. The input of a guardian ad litem in a child custody, 虐待儿童, or child neglect case can be very helpful 和 useful for 法院 to take into consideration. This ensures that there is one specific person whose sole duty is to look after the best interests of the child. This can help to focus the case 和 make sure that any decisions that are made, are done so with the child in mind.

虐待儿童案件, child neglect cases, 和 difficult custody cases are instances where an experienced family law attorney can help guide you through the process to ensure that the outcome is one that considers the impact on the child 和 is hopefully one in his or her best interests.