Custody disputes are emotionally charged and legally complex cases. When parents disagree on what’s best for their child, they have several options at their disposal to break through and try to reach a settlement. The parents could request that the court appoint a Guardian ad Litem (GAL) to investigate and evaluate their issues, request that the court appoint an ARC attorney to represent their child(ren), request records from the Department of Children and Families, or request that the court order the probation department to conduct an investigation into the matter. How do you evaluate which option is the best way forward for your case?
A guardian ad litem is a court-appointed investigator and/or evaluator, typically either an attorney or a mental health professional, whose role is to come in and assist the court in making findings of fact and final rulings in custody cases. GALs can be incredibly helpful in custody proceedings because they are able to speak with the children, meet with the children and each parent, and, through their report or trial testimony, report to the Judge what the children have to say. A GAL does NOT represent the children. Utilizing a GAL can be expensive, however, so it is not a viable option for many families. It is different from an ARC attorney, who is an attorney who represents the child in court and represents the position that the child is taking on an issue.
Another option for parents in high-conflict custody disputes is to request that the court appoint ARC counsel. ARC stands for “attorney representing children.” These attorneys volunteer to assist the Court in giving the children a voice in a custody dispute without the emotional turmoil of actually bringing children into court to testify. While ARC attorneys can help facilitate settlement by providing input from the child – especially in cases involving older children – they do not serve the same investigative or evaluative role as a GAL.
In cases involving the Department of Children and Families (DCF), requesting records from the agency can be a cost-effective way to get statements from the children into evidence and before the Court. DCF records, however, may not be investigating or looking into the same issues that you want to bring before the Court.
In cases that may require investigation, but the parties cannot afford a GAL, the Court can order that the Probation Department of the Court conduct an investigation. Given the case load of the Probation Department, these reports can sometimes take a long time to complete. That particular investigator who handled your case may not be available as a trial witness should your case fail to settle.
If your case involves a dispute over legal or physical custody, it is crucial to take steps early on to obtain the appropriate information and present it to the Court effectively. Attorney Rob Withrow has extensive experience helping clients navigate custody disputes and advocating for the best interests of their children. Contact Attorney Withrow to develop your plan for navigating your custody dispute in the Probate and Family Court.