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The Guardian Ad Litem and Your Child

There are a number of things that one has to take care of during a divorce. When you have a child, that just adds to the things that you’ll have to sort out during your divorce. Custody and support can be a little troublesome to sort out, especially if your child is a minor. Thankfully, family courts have what is called a “guardian ad litem” that can help out in matters such as these.

A Guardian Ad Litem

A “guardian ad litem” is usually appointed during divorce proceedings. Especially during the time that the custody of a child is being decided. Appointed by the family court, the guardian ad litem acts as the representative of the child during the divorce. If the child is a minor, a guardian ad litem will help represent the child’s best interests throughout the proceedings.

Guardians ad litem should be impartial to both parents and give more focus on what they believe is best for the child. They also help decide the parent gets custody.

What They Do

As mentioned earlier, the guardians ad litem keep in mind the best interests of the child. Since they help in deciding what is best for the child, they may carry out investigations. They will look at all aspects of the child’s life.

Part of the investigation that they make include interviewing the child, parents, relatives, and even their teachers. They will look into the child’s life and see which of the parents will be able to provide the best care for the child after the divorce.

When all information needed is gathered, the guardian at litem can then present to the family court a recommendation as to whom the custody of the child can be awarded. 

Since minors may not be able to represent themselves during family law cases because they most likely do not understand what goes on during their parents’ divorce proceedings, it is the guardian ad litem’s job to represent the child and look after the child’s best interests. This way, the child can still get the best out of the situation. And though the guardian at litem has the child’s best interests in mind, they might not necessarily go with the wishes of the child.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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