With the pending divorce of one of the most high profile billionaire couples in the hedge fund industry, Ken and Ann Griffin, splashed across financial publications this past summer, many foresaw the financial battle to come over the vast fortune amassed. However, few outside the legal community understand why a guardian ad litem was selected by a judge to represent the couple’s three children since no neglect or abuse has been alleged.
What Is A Guardian Ad Litem?
Most people are familiar with the word guardian as in someone legally responsible for another, with authority to make decisions for said person who, for one reason or another, is unable to care for and make decisions for him or herself. But a guardian ad litem is quite different. A guardian ad litem (GAL) is a person the court appoints to represent the best interests of a child in a divorce or parental rights and responsibilities case. This is not a family member or close friend, but rather a completely neutral third party attorney tasked with investigating the circumstances of the family law case for which he or she was appointed and then making recommendations to the court.
Different Guidelines Of Court Appointed GALs
In Tennessee there are two types of guidelines under which a guardian ad litem is appointed as laid out by the State Supreme Court. The first is Supreme Court Rule 40 which sets forth the obligations of lawyers appointed to represent children only in juvenile court neglect, abuse and dependency proceedings pursuant to T.C.A. § 37-1-149. In determining the best interest of the child the GAL is to consider the following factors:
- the child’s basic physical needs, such as safety, shelter, food, clothing, and medical care
- the child’s emotional needs, such as nurturance, trust, affection, security, achievement, and encouragement
- the child’s need for family affiliation
- the child’s social and educational needs
- the child’s vulnerability and dependence upon others
- the physical, psychological, emotional, mental, and developmental effects of maltreatment upon the child
- the child’s need for stability of placement
- the child’s age and developmental level, including his or her sense of time
- the general preference of a child to live with known people, to continue normal activities, and to avoid moving
- whether relatives, friends, neighbors, or other people known to the child are appropriate and available as placement resources
The second guideline is found under Supreme Court Rule 40A which lays out a guardian ad litem’s role in a custody proceeding for cases other than abuse or neglect in which legal or physical custody of, access to, or visitation with a child is at issue. In addition, the Court may appoint a Guardian ad Litem in cases in which litigation has been lengthy and/or hotly contested.
If you are in the process of divorce and think your child or children need a guardian ad litem appointed them for the aforementioned reasons contact attorney Donna Wagner today and schedule a consultation.
Real-life results
See what happy clients are saying about me.
“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.
Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.
Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.
This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.
Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
