Should a guardian ad litem have to “bless” every child custody agreement?
When parents seek approval of any agreement that resolves a dispute over a child’s custody, the family court judge looks to the guardian ad litem and asks the guardian whether the agreement is “in the...
View ArticleMy expectations for the guardian ad litem
Recently I fussed at a guardian of whom I am quite fond. It’s never comfortable to fuss at folks one likes but I come from a culture where it’s considered better form to let others know one’s...
View ArticleWill the Recent Changes to the Abuse and Neglect Statute Make These Cases...
I received an email from a recently licensed attorney noting a previous blog and asking whether I thought she, as the guardian ad litem in an abuse and neglect case, should be making recommendations on...
View ArticleThe difference between a guardian investigating and a guardian recommending
A few weeks ago I was appointed guardian in a private case. An attorney for one of the parents, who had never worked with me before as a guardian, called to inquire about past cases in which I had...
View ArticleFacebook and the Legal World: Can Law and Culture co-exist?
This weekend I asked for guest blogs. Having recently seen David Fincher’s excellent new movie about the birth of facebook, The Social Network, Taylor Long’s request to do a guest blog on how Facebook...
View ArticleAn unanticipated use for the guardian ad litem’s periodic billing statements
As part of the private guardian ad litem statute, “[t]he guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a...
View ArticlePlaying the jerk to encourage dispute resolution
Sometimes a guardian ad litem can assist resolution of a custody dispute by doing things that initially make the parents unhappy. This won’t render the guardian popular but it will render the guardian...
View ArticleCaught in a circular firing squad
I have increasingly come to the conclusion that being a guardian ad litem in South Carolina for private custody cases is an impossible task if one is going to do it well. The system, as currently...
View ArticleImpeaching a guardian ad litem who’s gone (too) rogue
Twenty years experience shows that there’s some validity to Robert Rosen’s jaundiced view of guardians ad litem in private custody cases, best expressed by the title of one of his articles for South...
View ArticleWhen a child’s mental health professional makes a guardian ad litem unnecessary
South Carolina Code §63-3-810(A)(1) allows the family court to appoint a guardian ad litem in a private custody case when “without a guardian ad litem, the court will likely not be fully informed about...
View ArticleWho does the guardian ad litem work for?
Frequently guardians ad litem take direction regarding their investigation from the parents or attorneys for the parents without exercising their own independent judgment. Sometimes litigants or...
View ArticleShould guardians give opinions?
A former mentee of mine, who is developing a thriving practice as a guardian ad litem in private custody cases, recently asked for my opinion on whether guardians should give opinions. S.C. Code §...
View ArticleWhat the guardian should expect from the attorneys/What attorneys should...
The following are materials for an upcoming Charleston County guardian ad litem luncheon. I am posting them as a blog so that folks can comment. These materials can also be downloaded as a Microsoft...
View ArticleLittle reason to attack the guardian at trial
Working on materials for an upcoming lecture on attorney/guardian interactions, I realized that it had been years since I last felt compelled to “attack” the guardian ad litem at trial. However I am...
View ArticleThe guardian’s questionnaire is additional interrogatories
While not thought of as such, the guardian’s questionnaire is akin to additional (child-custody related) interrogatories. As an example, the current questionnaire of a local attorney/guardian, S....
View ArticleAn unanticipated use for the guardian ad litem’s periodic billing statements
As part of the private guardian ad litem statute, “[t]he guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a...
View ArticlePlaying the jerk to encourage dispute resolution
Sometimes a guardian ad litem can assist resolution of a custody dispute by doing things that initially make the parents unhappy. This won’t render the guardian popular but it will render the guardian...
View ArticleCaught in a circular firing squad
I have increasingly come to the conclusion that being a guardian ad litem in South Carolina for private custody cases is an impossible task if one is going to do it well. The system, as currently...
View ArticleImpeaching a guardian ad litem who’s gone (too) rogue
Twenty years experience shows that there’s some validity to Robert Rosen’s jaundiced view of guardians ad litem in private custody cases, best expressed by the title of one of his articles for South...
View ArticleWhen a child’s mental health professional makes a guardian ad litem unnecessary
South Carolina Code §63-3-810(A)(1) allows the family court to appoint a guardian ad litem in a private custody case when “without a guardian ad litem, the court will likely not be fully informed about...
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