The law is every changing and has been leaning toward giving children of divorced/separated parents more and more rights and more means to have their voices heard.
There are three ways in which your children voices may be heard by a court. They are all permitted in any litigation involving custody or parenting time. This would include cases for custody, paternity, divorces, modification, and in limited circumstances contempt.
- Guardian ad Litem, aka GAL. This is a person who has received specialized training and must be recertified every few years. They are often attorneys. However, there are medical professional (often psychologist or psychiatrists or nurses) that may also be GAL’s. The GAL will follow the order by the court as to any limitations, restrictions, broad scopes or number of hours spent on an investigation.
Generally, the GAL is paid by one or both of the parties involved in the action. The average cost is around $5,000.00. The age of the children can range from a few years until 17. Most reports are going to include interviews with the parties, the child/ren, collaterals (family, neighbors, school personnel, doctors, etc.). The GAL will go to each parent’s house, see how each parent interacts with the child and possibly go to the child’s school. After the GAL completed his or her investigation then a GAL report is created and submitted to the court. The standard for the report is “best interest of the child/ren.” The parties are not permitted to have a copy of the report but can read it with their counsel or at the courthouse in the clerk’s office. Based on if the Judge ordered it or not the report may include recommendations and conclusions.
- Attorney Representing Child, a/k/a ARC. This is exactly what is sounds like, your child would get a free ARC counsel has taken a required course and are doing the representation on a pro bono basis. ARC counsel will only be appointed for children of age 10 or more. ARC counsel does not care about what either parent’s position is other than to ask relevant questions to their client (the child). ARC will meet with their client to determine what their client’s wishes are. The standard for ARC counsel is report to the court their client (child’s) wishes. It is not a best interest standard. ARC counsel participates in all aspects of the pending court action and is permitted to submit exhibits, and witnesses if the matter goes to trial.
- Probation Investigation. This is a free service offered by the Court from the probation department (located at the court where you usually have to start your case). The only requirement for a probation investigator is that they work for the probation department. The age of the children can range from a few years until over 18.
The court will determine what issues will be addressed and reported. The probation officer will talk with the child/ren. They may talk with the parents, or collaterals, but it is determined based on the issues and the court order. The probation officer will likely spend five hours or less. Unless specifically ordered to do so the probation officer will not leave the court and the interviews will be conducted at the court (in person for the parties and child/ren, and by telephone for anyone else). After the probation officer completed his or her investigation then a probation report is created and submitted to the court. The standard for the report is “best interest of the child/ren.” The parties are not permitted to have a copy of the report but can read it with their counsel or at the courthouse in the clerk’s office. Based on if the Judge ordered it or not the report may include recommendations and conclusions.
I would suggest that if you are interested in having your child’s voice heard that you speak with me further regarding which option would be best for your case.