Stillings & Buchinger, LLC

Wisconsin Guardian Ad Litem

Child Custody Matters

If court ordered mediation fails to resolve the child custody issues between divorcing parents, then the Court will likely appoint a Guardian Ad Litem.

what is a guardian ad litem?

A Guardian ad Litem (often times referred to as a “GAL”) is an attorney that is appointed by the court to represent the best interests of a child or children in a legal proceeding, such as for an adoption, in a divorce, during proceedings for termination of parental rights or in paternity lawsuits.

does the guardian ad litem represent the child?

A Guardian ad Litem is often mistakenly thought to be the child’s attorney, but her role isn’t to represent the child’s desires; rather, she advocates for the child’s best interests. Those interests usually involve legal custody or physical placement of a child, but they can also include financial matters.

does a guardian ad litem decide who gets custody?

A Guardian ad Litem doesn’t make the decision as to custody, placement or financial matters, but rather acts as an advisor to the court by taking an arguable position that represents the child’s best interests. A Guardian ad Litem reports to the court.

A Guardian ad Litem has the authority to negotiate settlements on behalf of the child, as well as hire experts and investigate a wide range of issues from alleged abuse of the child to alleged battery between domestic partners.

when is a guardian ad litem appointed?

While the court can appoint a Guardian ad Litem at any time during the proceedings, courts usually order the parents into mediation, and appoint the Guardian ad Litem after mediation fails to resolve the disputed issues.

who pays for the guardian ad litem?

You will be required to pay the Guardian ad Litem's fees, as well as the costs of any additional studies required by the Court. Examples of those types of studies include assessments of the child's living conditions, psychological evaluations, or therapy.

In some cases, the Court's primary objective will be to obtain an independent evaluation from the mental health professionals assigned to the case. In other cases, the Court may order a full assesment.

When the custody matters start to involve a Guardian Ad Litem, the process becomes very expensive for the parties. Ultimately, a trial will be held on the matter of placement of the child and the Court will determine the legal custody and physical placement of the children.

wisconsin attorneys

Attorney Gordon E. Stillings and Attorney Melody Buchinger, the founders of Stillings & Buchinger, LLC offer a free initial consultation.

The attorneys at Stillings & Buchinger, LLC represent people throughout eastern and central Wisconsin. :: Wisconsin Counties Served ::