In Georgia, divorce cases involving child custody can become complex, especially when parents disagree on what is best for their children. Courts often appoint a guardian ad litem (GAL) to represent the best interests of the child, but some divorce cases proceed without one.
If you are a parent, it is important to fully understand the potential detriments of proceeding with your divorce without a guardian ad litem.
What happens when there is no guardian ad litem?
When there is no guardian ad litem, the judge relies on evidence and arguments from both parents to make custody decisions. The court considers many factors, including the child’s emotional and physical well-being, each parent’s ability to provide a stable home and the child’s relationship with each parent. Without a GAL, it becomes the parents’ responsibility to present evidence that shows why their preferred custody arrangement is best for the child.
The absence of a GAL can lead to longer court proceedings because the judge must assess each parent’s claims without the neutral perspective a GAL would provide. There may be biases woven into the parents’ cases they present for themselves. Each parent may also have to call witnesses, present documentation and testify on their own behalf. This process can become emotionally taxing and may extend the time it takes to reach a custody decision.
In some cases, the lack of a GAL may lead to more conflict between parents. A GAL typically serves as an objective voice that evaluates both sides impartially. Without this input, parents may feel more pressure to highlight the other parent’s shortcomings, which can increase hostility and make it harder to reach a resolution.
Do you need to have a guardian ad litem?
While having a GAL can offer valuable insight into the child’s needs, their absence does not mean the court cannot make a fair decision. Judges in Georgia have experience evaluating complex custody cases and will take a comprehensive approach to ensure that the outcome serves the child’s best interests.
Ultimately, a divorce without a GAL does place greater responsibility on the parents to present a clear and compelling case. The judge will still prioritize the child’s well-being and ensure that the final custody arrangement promotes their happiness and stability.
