Why might your children need a guardian ad litem during divorce?

Why might your children need a guardian ad litem during divorce?

| Apr 29, 2021 | Divorce |

Divorce can be difficult for the children in the family, especially if their parents become emotional and contentious. Other times, divorce can be particularly stressful if it involves substance abuse or domestic violence situations.

Parents can get so wrapped up in their own emotions and experience that they overlooked how traumatic the process can be for their children. Not only can a selfish approach possibly lead to parents damaging their ability to work together as co-parents, but it could also cause lasting emotional trauma for children.

When divorce is contentious or when you worry about the needs of your children and their ability to speak up for themselves, you may find that bringing in a guardian ad litem could help make things easier.

What is the role of a guardian ad litem in South Carolina?

A guardian is someone who has a responsibility to meet the physical and social needs of a child or an adult with special needs incapable of living independently. A guardian ad litem is someone who serves as a representative or advocate for a minor or incapacitated adult in court proceedings.

Children don’t always know what is best for themselves, nor can they necessarily articulate themselves appropriately when embroiled in a court case. A guardian ad litem is someone with in-depth understanding of the divorce process in South Carolina. They help guide the courts toward decisions that will benefit the children and protect them from the most dangerous aspects of their family circumstances.

A guardian ad litem will typically get to know a child and the rest of their family well and spend a significant amount of time familiarizing themselves with the situation so that they can diligently and appropriately represent a child or multiple children in court.

Having someone advocate for your kids can be a wise decision

A guardian ad litem can theoretically protect your children from ever needing to appear in court or speak on their own behalf with a judge. They can also help keep the focus of crucial custody proceedings on the needs of the children and not the emotions or demands of the parents.

If divorce has been particularly hard on your children or if your ex seems more focused on their own desires rather than the children’s needs, a guardian ad litem could potentially help your family handle this divorce by mitigating the negative impact on the children.

 

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