Legal Protection For The Child In Divorce
James H. Allison, an attorney at Hill Allison & DeWeese, specializes in divorce, dissolution of marriages, child custody, general business law, nonprofit corporations, professional corporations, retirement planning and real estate matters.
This usually occurs when there are serious confrontations between the parents over a custody and visitation schedule or when the fitness of a parent is called into question concerning his or her ability to take care of a child by themselves in their residence without supervision.
In those unfortunate cases where a mother or father uses a child as a pawn in the divorce case or has significant personal, physical, or health problems that prevent that parent from being a full-time custodian, a Guardian Ad Litem can and will be appointed by the court if requested. Many Guardians Ad Litem are attorneys who have many years of experience in the domestic arena and bring a wealth of information to helping make decisions from the child’s perspective while the parents are caught up in protracted personal litigation with each other.
The Guardian Ad Litem represents the child only. The mother and father each have their own attorneys who represent their interests. Any person, be it the Guardian Ad Litem or the attorney for the mother or father, may ask the court to appoint a clinical psychologist to perform a psychological evaluation of the parents in an effort to determine who is “a fit parent.”
The Guardian Ad Litem meets on a regular basis with the child and discusses all matters that impact the child’s life, including the relationship the child has with the mother, the father, the neighborhood children, school teachers, and other persons the child comes into contact with as a result of the divorce process. Most courts in Ohio have a list of qualified Guardians Ad Litem who are able and willing to make comprehensive investigations, reports and recommendations on what is and what is not in the child’s best interests. The Guardian Ad Litem coordinates his or her work closely with the Clinical Psychologist appointed in the case, and between the two of them, can come up with a custody and visitation schedule that is a practical and economical way for the child to continue to have substantial and high quality time spent with each parent.
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Child Custody Basics – Rights, Residency, and Relationship
Child Custody and Visitation: Grandparents Rights to Custody and Visitation
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