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Education for Justice |
FACT SHEET F-8 |
Fall
2011 |
This fact sheet tells you what a
guardian ad litem is and what they do.
It also tells you the difference between a guardian ad litem and a
guardian. It may not answer all of your
questions. In court, if you have any
questions about who speaks for the child, who speaks for the parents, or who
has the right to lawyer, ask the
judge right away.
WHAT DOES “GUARDIAN AD
LITEM” MEAN?
A guardian is a person who acts to
protect or help someone. “Ad litem”
means “for the lawsuit”. There are
different kinds of guardians ad litem for different
kinds of cases. In some cases, the judge
names a “guardian ad litem” to work with a child or a person who has a
disability that makes it hard for them to understand a case that involves
them. In other cases, like in custody
cases or neglect or abuse cases, a guardian ad litem may be appointed to
investigate and stand for
the child’s best interests.
WHAT DOES A GUARDIAN AD
LITEM DO?
Guardians
ad litem tell the court what is best for the child in things like custody and
visitation. They do an independent investigation. They do not work for court services or child
protection.
They talk to the child, the parents
and other care-givers. They can talk in
private to counselors, teachers, family members and friends, and court services
and child protection workers.
They write a report to the court
saying what they think the judge should order.
The judge does not have to do
what the guardian says, but will take the report very seriously.
It is important for you to
cooperate with the guardian ad litem. Their
report can help or hurt your case.
Remember: thinking about what is best for your child should be your top
priority.
IS THE GUARDIAN AD LITEM
THE CHILD’S LAWYER?
No.
The guardian ad litem makes their own decision about what is best for
the child. It might not be just what the
child wants.
IS THE GUARDIAN AD LITEM
A LAWYER?
Not always. In some counties, such as Hennepin, many are
lawyers. In other counties, the guardian
may be a trained, concerned adult of any background. If the guardian ad litem is not a lawyer, they
may have a lawyer that works for them on the case.
WHEN WILL THE JUDGE
APPOINT A GUARDIAN AD LITEM?
·
In family court, the judge must name a guardian ad litem if the judge thinks the child has
been hurt, threatened, or neglected.
·
In juvenile court, there must be a guardian ad litem in cases about a child who is
neglected, in foster care, or a child in need of protective services (CHIPS
cases).
·
The judge can
name a guardian ad litem in other family or juvenile cases, but does not have
to.
WHO PAYS FOR THE
GUARDIAN AD LITEM?
Guardians
ad litem may work free or for a fee. If
there is a fee, the court will say who has to pay it. If you get MFIP or other public aid, if you
have a legal aid lawyer, or if you have a low income, you will not have to pay.
CAN THE PARENTS OR THE
CHILD HAVE THEIR OWN LAWYER?
The parents always have the right
to hire their own lawyer.
·
In juvenile court, if the parents cannot
afford a lawyer they may have the right to a free one. In most juvenile court cases, the child also
has the right to a free lawyer if the child cannot afford one. (The court may make the parents pay for the
child’s lawyer, if they can afford it.)
·
In family court, the child does not
have the right to a lawyer. The parents
have the right to a lawyer, but not to a free one.
WHAT IS THE DIFFERENCE
BETWEEN A GUARDIAN AND A GUARDIAN AD LITEM?
A guardian is much different than a
guardian ad litem. A guardian, or
custodian, has “custody” of the child and acts as the parent. They make the decisions about a child and
pays for the child’s needs. The guardian
decides where the child lives and how the child is brought up.
A guardian ad litem does not have
custody of or take care of the child. They
work with the court to find out what is in the child’s best interest in the
court case.
Many people, including judges and
lawyers, call a guardian ad litem “guardian” for short. Remember that the two are very different.
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MN Legal Services Coalition |
Do not
use this fact sheet if it is more than 1 year old. Write us for updates, a fact sheet list, or
alternate formats. Fact Sheets are not a complete answer to a
legal problem. See
a lawyer for advice. |
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