Dad has an attorney, Mom has an attorney, what about me – the child? Who speaks for me? In North Carolina, the answer is: a Guardian ad Litem attorney or Best Interests Attorney. If you have never heard of them, do not be alarmed. Many people are not aware that children can have a legal advocate of their own. And to the children who desperately need the advocate to convey their side of the story and protect their interests, a Guardian ad Litem attorney or Best Interests Attorney might as well be real-life superheroes.
In particularly volatile cases, especially “high-conflict child custody cases,” it can be especially difficult for the Court to have a clear understanding of what is in a child’s best interest. When attorneys for the parents pursue the best legal case possible for their respective client, such pursuits do not necessarily align with the child’s best interest. In those circumstances, reinforcements can be called in and the Court can appoint a Guardian ad Litem Attorney or Best Interests Attorney. These legal advocates are charged with conducting an investigation into what is in the best interest of the child separate from what the wishes of the parents. Their investigation includes reviewing records, talking with parents and important third parties, and interviewing the children. After the investigation and review of the situation, they provide a report to the Court informing the Judge what they find is in the child’s best interest.
A Guardian ad Litem Attorney or Best Interest Attorney is a licensed attorney who is involved in the investigation and representation of the child during the court proceedings. In comparison, there are also Guardian ad Litem advocates which are trained volunteers who are appointed to help with the investigation and gather information for the attorney. Some nonprofit organizations also provide a team to act on behalf of the child, such as Council for Children’s Rights in Mecklenburg County, North Carolina.
The child’s attorney and advocate cannot be “hired” by either of the parents; rather they can only be appointed by the Court. Therefore, they accountable to the Court and the child to whom they have been assigned. Should fees be incurred, generally the fees are split between the parents either equally or on a sliding scale based on the income of the parents.
Knowing what is in a child’s best interest can be particularly challenging, especially in volatile custody battles. Appointing a Guardian ad Litem Attorney or Best Interests Attorney helps to ensure the best interests of the child are kept at the forefront of the Court’s deliberation on custody and child welfare matters.
If you believe a Guardian ad Litem may help protect your child, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
