In a contentious divorce or separation action, the matter of custody and placement of minor children can often times be a source of disagreement. In these types of situations where parents cannot agree as to the custody and placement of their minor children, courts have ways of advocating for those children by using court-appointed attorneys to determine what is in the best interest of the minor children.
A Guardian ad Litem, or GAL, is a term used to describe an attorney appointed by the court to look after the best interests of a ward; one who lacks the ability take care of themselves.
According to Wis Stat. 767.407, a GAL is appointed when the court is concerned for the safety or welfare of the minor child(ren), or the custody or placement of the child(ren) is contested.
The guardian ad litem acts as an advocate for the minor child(ren) with regard to paternity, legal custody, physical placement, and support. The guardian ad litem functions independently of the parents. He/she represents the minor child(ren), and considers, but is not bound by, the wishes of the minor child(ren) or the positions of others as to the best interests of the minor child(ren).
The idea of the court appointing a GAL in a divorce matter may seem intrusive or unnecessary, but the advice of an experienced lawyer working on behalf of your child(ren), can help to lessen the stress of divorce and help you focus on the things you can do to give your case the greatest chance of success.
