Guardian Ad Litem

The Child Advocate Law Firm PLLC is dedicated to providing compassionate, effective, and highly skilled representation to children as guardian ad litem.

Put simply, a guardian ad litem is an attorney appointed by the Court to represent a child’s best interests.  Judges are routinely required to make critical decisions related to children such as when and how long a child will be removed from their home, who is allowed access to a child, and what custodial schedule will be put in place for a child.  The decisions made in Court every day have a lifetime of consequences for the children involved.  The Child Advocate Law Firm PLLC is committed to giving children a voice and being part of the solution to ensure safety and restore hope in children who find themselves in the middle of a court dispute.

The Court is required to appoint a guardian ad litem in foster care cases, also referred to as dependency cases.  Children who are in foster care have experienced abuse and neglect and also the trauma of being removed from a parent’s care.  The child must then adjust to a new life in foster care while the child’s parents and social services are pursuing reunification efforts.  The child must heal from the past and face an unknown future.  Children in foster care are some of the most vulnerable children in our society.

The Court is required to appoint a guardian ad litem in Child in Need of Services cases and Child in Need of Supervision cases.  They are referred to as CHINS cases.  A Child in Need of Services case is filed when a child’s behavior, conduct, or condition are a threat to the child’s safety and well-being and services are necessary to assist the child or household.  A Child in Need of Supervision case is filed when a child is chronically truant from school or runs away on more than one occasion.

The Court has discretion as to whether to appoint a guardian ad litem in cases involving custody and visitation.  Children who are the subject of highly contested custody and visitation cases are very vulnerable and often subject to emotional harm resulting from being the subject of their parents’ dispute.  Having an independent investigation of the facts and recommendations made by a guardian ad litem always serves the best interest of the child. In child custody and visitation proceedings, the Court applies the best interest of the child standard found in the section 20-124.3 of the Code of Virginia.  Thus, any recommendation made by The Child Advocate Law Firm in a custody and visitation case will be based upon an analysis of the best interest factors. 

The Court also routinely appoints guardians ad litem for children in protective order cases, also known as “next of friend” protective order cases.  These are cases filed by a parent on behalf of a child against another child. 

Children deserve to have an attorney who will fight for their best interest and give them a voice.  The Child Advocate Law Firm PLLC can be counted on to follow Rule 8:6 of the Rules of the Virginia Supreme Court which states that the role of the guardian ad litem for children is to “vigorously represent the child, fully protecting the child’s interest and welfare.”

The role of the guardian ad litem is further outlined by the Standards Governing the Performance of Guardian ad litems for Children created by the Judicial Council of Virginia.  The attorneys at The Child Advocate Law Firm PLLC follow the following standards:

1. Meet Face to Face and interview the child.
2. Conduct an independent investigation in order to ascertain the facts of the case.
3. Advise the child, in terms the child can understand, of the nature of all proceedings, the child’s rights, the role and responsibilities of the guardian ad litem, the court process and the possible consequences of the legal action.
4. Participate, as appropriate, in pre-trial conferences, mediation and negotiations.
5. Ensure the child’s attendance at all proceedings where the child’s attendance is appropriate and/or mandated.
6. Appear in Court on the dates and times scheduled for hearings prepared to fully and vigorously represent the child’s interests.
7. Prepare the child to testify, when necessary and appropriate, in accord with the child’s interest and welfare.
8. Provide the court sufficient information including specific recommendations for court action based on the findings of the interviews and independent investigation.
9. Communicate, coordinate and maintain a professional working relationship, in so far as possible, with all parties without sacrificing independence.
10. File appropriate petitions, motions, pleadings, briefs and appeals on behalf of the child and ensure that the child is represented by a guardian ad litem in any appeal involving the case.
11. Advise the child, in terms the child can understand, of the court’s decision and its consequences for the child and others in the child’s life.

Standards To Govern the Performance of Guardians Ad Litem for Children as adopted by the Judicial Council of Virginia effective September 1, 2003.

Best Interest Factors

Virginia Code § 20-124.3

In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs; 

2. The age and physical and mental condition of each parent; 

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child; 

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members; 

5. The role that each parent has played and will play in the future, in the upbringing and care of the child; 

6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; 

7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child; 

8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference; 

9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and 

10. Such other factors as the court deems necessary and proper to the determination.