No area of law seems to operate under a single standard more than child custody – Roy T. Stuckey. The best interests of the child are the governing factor in child custody cases. So, it only makes sense that the best interests of the child are the guiding light for guardians ad litem appointed in child custody or visitation disputes.

The Family Court appoints the guardian ad litem, and the court can only appoint persons meeting the statutory qualifications as a guardian ad litem. In some instances, the court will choose who shall be appointed as the guardian ad litem. But, In other instances, the parties’ attorneys will choose the guardian ad litem. However, In either event, the parties to a private child custody action are responsible for the costs incurred by the guardian ad litem as he or she serves as a representative of the Family Court.

Ultimately, the guardian ad litem’s job is to ascertain the children’s best interests in the custody or visitation dispute. Moreover, to protect those interests by informing the court and all parties of his or her findings in written reports.

Steps for Guardian ad Litem in Determining the Best Interests of the Children

Steps a guardian ad litem may take in determining the best interests of the children include. But are not limited to:

• Meeting with and observing the child(ren) in the home setting;
• When appropriate, considering the child(ren)’s wishes;
• Interviewing parents, caregivers, and others with relevant knowledge;
• Reviewing the child(ren)’s medical, school, and other health records;
• Observing the relationship between the parents and the child(ren);
• Observing the parent’s interactions with the child(ren);
• Attending all court hearings

When dealing with a custody or visitation dispute, keep in mind that the role of a guardian ad litem is important. The guardian ad litem is not the decision-maker on the ultimate issue of child custody and visitation. If the parties cannot agree on child custody or visitation, a trial will take place in Family Court. During the trial, all parties will present their sides, and the guardian ad litem will present their findings. The final outcome will lie in the hands of the judge hearing the case.

For more information on Guardians Ad Litem, see:

http://childlaw.sc.edu/frmSCStatutes/63-11-500%20et%20seq.pdf