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Law Offices of Virginia C. Cornwell

(614) 225-9316
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What is a Guardian ad Litem?

COLUMBUS OHIO CHILD CUSTODY ATTORNEYSQ. What is a Guardian ad Litem?

In certain domestic relations and juvenile court proceedings, a Guardian ad Litem is an attorney or Court Appointed Special Advocate (CASA) appointed by the court to represent the best interest of the minor child(ren) until discharged by the court.
COLUMBUS CHILD CUSTODY LAWYER

Q. Do the parents have to request a Guardian ad Litem?
No.  A Court can appoint a Guardian ad Litem at the request of either parent, or upon the Court’s own motion.
Q. What are the duties of the Guardian ad Litem?
Generally, a Guardian ad Litem is required to perform certain basic duties. The feasibility of some of the duties will depend upon the age(s) of the children and the specific circumstances of each case. Therefore, many counties allow the Guardian ad Litem discretion to tailor their investigation to the facts of the individual case. The basic duties of the Guardian ad Litem include:

  1. Interview the children and observe each parent with the child(ren);
  2. Review pleadings and consult with each attorney as to position and issues;
  3. Investigate all significant persons and interview independently;
  4. Obtain records e.g., school, criminal, medical, psychological, child protective agency;
  5. Perform home visits (this may be combined with the interview process);
  6. Evaluate the necessity, if any, of psychological evaluations or counseling; and file a motion requesting the same;
  7. Communicate with the Protective Services worker, where applicable; and
  8. Attend all depositions concerning the best interest of the child(ren).

CALL NOW  at (614) 225-9316 or contact us by e-mail.

COLUMBUS CHILD CUSTODY LAWYER

Q. What are the powers of the Guardian ad Litem?
The Guardian ad Litem has the right to file motions and to review all confidential records involving the child(ren) by request, through deposition, and by subpoena. The Guardian ad Litem also has the right to conduct discovery and examine witnesses at trial.

OHIO CHILD CUSTODY LAWYERSQ. Is the Guardian ad Litem required to file a written report?
Usually they are, but they are not always required to do so before trial. Some Courts require the Guardian ad Litem to file a written report, but others allow the Guardian ad Litem to simply state their recommendation to the Court during a court hearing. Portage County has a court form for a guardian ad litem report which you may find interesting. Many guardian ad litem reports follow the statutory best interest of the child factors, but this form requires the guardian to specifically identify the amount of work they put into their investigation. Click here to look at Portage County’s guardian ad litem form.

CHILD CUSTODY AND VISITATION ATTORNEYQ. Is the Guardian ad Litem going to be at the Court hearing?
The Guardian ad Litem is required to be present at all hearings pertaining to the children. The Attorney/Guardian ad Litem may subpoena and examine independent witnesses.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

Q. Can I get the guardian ad litem fired or removed from my case?

Once upon a time the answer was, for all practical purposes, no. However, expectations of Guardian ad Litems in Ohio have changed, and courts are looking more closely at the conduct of guardian ad litems. Keep in mind that once a guardian ad litem makes a recommendation in a case, there is going to be at least one party who does not agree with the recommendation of the guardian ad litem. The court knows and expects this. The court does not consider a guardian biased simply because the guardian finds one party to be more credible than the other.

COLUMBUS CHILD CUSTODY SUPPORT ATTORNEYThat being said, if a party believes that the guardian ad litem should be removed from their case, they must file a motion for removal of the guardian ad litem. Some of the causes for removal of a guardian ad litem might be:

  • failure to investigate
  • failure to report a conflict between the wishes of the guardian ad litem and the child
  • bias
  • fraud
  • misconduct

CALL NOW  at (614) 225-9316 or contact us by e-mail.

For more guardian ad litem resources, see the local rules for your county and our resource page entitled Ohio  Family Law Resource.  See the section about guardian ad litems. There is information there from several different state and national resources.

In addition to read more about Ohio’s new rules governing guardian ad litems, check out this article:

https://cornwell-law.com/02/supreme-court-of-ohio-adoptions-new-rules-governing-guardians-ad-litem/

For more information about FATHER’S RIGHTS, see our page regarding FATHER’S RIGHTS IN OHIO.

For more information about MOTHER’S RIGHTS, see our page regarding MOTHER’S RIGHTS IN OHIO.

For more information about GRANDPARENT RIGHTS see our page regarding GRANDPARENTS RIGHTS IN OHIO.

For more information about obtaining CUSTODY, SHARED PARENTING, OR VISITATION in Ohio, see our post about OHIO CUSTODY.

For more information about DNA testing, see our post regarding DNA TESTING.

For more information about SHARED PARENTING, see our post regarding SHARED PARENTING IN OHIO.

For more information about the rights of UNMARRIED PARENTS OR NEVER MARRIED PARENTS, see our post regarding UNMARRIED PARENTS IN OHIO.

For more information about DISSOLUTION, see our page regarding DISSOLUTION IN OHIO.

For more information about DIVORCE, see our page regarding DIVORCE IN OHIO.

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AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation

OHIO CHILD SUPPORT GUIDELINES CALCULATOR

Ohio Child Support Guidelines Calculator

READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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  • Columbus Ohio Divorce Lawyer
(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

INFORMATION

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

Archives:

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Columbus Ohio Divorce Attorney, Franklin County Family Law Attorneys and Ohio Custody Lawyer honoring the duty to serve the best interests of our clients.

Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535