PROTECTING A GRANDDAUGHTER’S INTERESTS AS “GUARDIAN AD LITEM”
One thing I’ve learned in the legal profession is that a little advice goes a long way, especially legal advice. This morning, while I was sitting in the family law courtroom waiting for my client’s case to be called, an elderly woman sat down next to me and we began talking. As our conversation progressed, she began explaining her dilemma. She told me she was in court trying to obtain child support from the father of her granddaughter. The mother had sadly passed away, and she responsible for raising her granddaughter as the father was not fit to be a parent. I offered to review the paperwork she had filed with the Court to see what could be done. As it turned out, there was a prior child support order to the deceased mother that likely could be enforced if the right measures were taken.
In this situation, the question becomes: What can a grandmother do protect the interests of her granddaughter (whether the purpose is to collect child support or otherwise)? Simply put, the answer is “Grandma” seek to be appointed “GUARDIAN AD LITEM,” and bring a motion to enforce the prior order.
For the purposes of this blog, we will analyze this particular situation, wherein the goal is to collect on child support.
A GUARDIAN AD LITEM is a person appointed by the court to represent and advocate the best interests of a minor child, until the child comes of age. In family court, a GUARDIAN AD LITEM can be appointed in contested custody and visitation cases, child support cases, name changes, adoptions, Department of Social Service abuse and neglect cases, and termination of parental rights.
Here, absent a court order for GUARDIAN AD LITEM, the only person who can advocate on behalf of the child is the child’s father – the same one who has not been paying on the prior support order. It is unlikely that “Dad” would be willing to advocate against himself. As such, Grandma can ask the court to appoint her as a GUARDIAN AD LITEM, which would allow her to bring an action to force Dad to pay on the prior order. Assuming Grandma is appointed GUARDIAN AD LITEM and the prior order is enforced, Grandma will then be able to contact Child Support Services and withdraw the collected child support for the benefit of her granddaughter.
Coming back full circle, I advised Grandma of my analysis. She was very grateful for this token of advice. I further advised her that it would be in her best interests to seek an attorney who could assist her in preparing the necessary documentation to secure the relief she was seeking.
It is important to remember that a GUARDIAN AD LITEM seeks only to represent the interests of the minor child, not to act in their own interests. It is a selfless act, but carries with it a fiduciary duty to the court and to the minor child.
This quick reference is only meant to provide a brief overview of a particular scenario; however, every case is different. If you seek further information on this topic, or any family law topic for that matter, please contact our office so we may further assist you.
