Guardianship Attorney: Contentious Divorces

31 May 2023
 Categories: , Blog

The divorce process can be challenging and emotionally charged, especially when it involves children's custody and welfare. One legal role that becomes crucial during these difficult circumstances is that of a guardianship attorney. 

Here's how guardianship attorneys function and their importance during contentious divorces.

Understanding the Role of a Guardianship Attorney

A guardianship attorney is a legal professional who specializes in handling cases related to guardianship.

  • Advocacy: In the context of a contentious divorce, a guardianship attorney may serve in several capacities, such as representing a parent or the child or acting as guardian ad litem.

Guardianship attorneys often must mediate between parents or represent a child's best interests. They need a comprehensive understanding of family law, a compassionate approach, and exceptional negotiation and conflict-resolution skills to navigate these complex scenarios.

Acting as a Parent's Advocate

A guardianship attorney can represent a parent in disputes over child custody, visitation rights, and decision-making responsibilities. They prepare and present the case, emphasizing their client's ability to care for the child's physical, emotional, and financial needs.

  • Parents: These attorneys also help parents understand their rights and responsibilities, guide them through the legal process, and provide advice on potential outcomes. They play a critical role in ensuring their client's interests are represented, and the outcome is fair and balanced.

Serving as a Child's Advocate

In some contentious divorce cases, a child may require independent representation. Here, a guardianship attorney serves as a child's advocate, ensuring their rights are protected, and their best interests are at the forefront of all decisions.

  • Child: The attorney would generally meet with the child, observe their interactions with both parents, review records, and possibly consult with professionals like teachers or therapists. This comprehensive evaluation helps the attorney represent the child's viewpoint and preferences in court, guiding the judge's final decision.

Functioning as a Guardian Ad Litem

When a divorce is particularly contentious, and there's a concern that the child's welfare may not be adequately represented, the court may appoint a guardian ad litem. This person, often a guardianship attorney, serves as an independent investigator and advocate for the child's best interests.

  • Independent Recommendation: A guardian ad litems responsibilities include evaluating living conditions, interviewing parents, children, and relevant professionals, reviewing documents, and making recommendations to the court. They act as the 'eyes and ears' of the judge, providing a neutral perspective that focuses solely on the child's well-being.

The Importance of a Guardianship Attorney

The role of a guardianship attorney in contentious divorces is invaluable. They bring clarity and direction to complex, emotionally fraught situations. By focusing on the child's best interests, they help mitigate the potential harm of parental conflict and ensure a child-centric perspective is maintained throughout the proceedings.