| This article, by a Rhode Island Child Custody Lawyer, | | | | placement / possession after hearing testimony at trial |
| explains the role of the Guardian ad Litem in Rhode | | | | or hearing. The guardian drafts a report to submit to |
| Island Custody, Visitation, divorce and placement | | | | the Court with his or her findings and |
| cases. In Rhode Island (RI), A guardian ad litem is a | | | | recommendations. |
| individual who represents the hypothetical best interest | | | | A Guardian ad Litem could be appointed in a dcyf |
| of the minor child in a child custody, visitation or other | | | | case, Rhode Island divorce case, visitation case, |
| type of Family Court case. The Guardian is not a | | | | custody case or other type of Family Court action. |
| lawyer for the minor child! | | | | The Guardian interviews both parents and interviews |
| In Rhode Island (RI), A guardian ad litem is a individual | | | | other witnesses involved in the childrens life such as |
| who represents the hypothetical best interest of the | | | | teachers, social workers, guidance counselors, |
| minor child in a child custody, visitation or other type of | | | | psychologists, psychiatrists, grandparents, aunts etc. |
| Family Court case. The Guardian is not a lawyer for | | | | The Guardian will have full access to medical records |
| the minor child! | | | | related to the child and perhaps the parents. He will |
| Guardians are frequently used in in contentious | | | | have access to education, religious and other records |
| custody cases when the parties can afford the | | | | related to the child. The amount of witnesses |
| additional expense.The judge could make an | | | | interviewed sometimes depends on whether the |
| appointment or the parties can agree to a guardian | | | | parties can afford additional work. |
| being appointed. If the parties cannot afford a guardian, | | | | The guardian typically interviews the minor children |
| the court can have Rhode Island Family Services do a | | | | about their opinions concerning legal custody, |
| home study and investigation for free. | | | | placement and visitation. The older the child is the more |
| A guardian is typically a Rhode Island attorney / | | | | weight the he or she will give to the childrens |
| lawyer who has been certified by the Family Court. | | | | preferences regarding custody or visitation.The |
| They are required to get certified by the Court after | | | | guardian can recommend that other professionals get |
| hours of training. They could also be a psychologist or | | | | involved such as licensed clinical social workers, and |
| psychiatrist. It is very expensive. Usually, both parties | | | | psychologists. |
| pay 1/2 of the expense. However, if one party has | | | | Even though the judge makes the final decision |
| substantially more resources then the other party then | | | | regarding placement, legal custody and visitation, in |
| that person may be ordered by the judge to pay up to | | | | reality the guardian's report usually decides the issues. |
| 100 percent of the cost. If one person conduct caused | | | | The judge typically adopts the recommendations of |
| the need for the guardian or is at fault they could be | | | | the Guardian. Both parties have the right to call the |
| ordered to pay up to 100 percent of the cost. | | | | guardian as a witness and challenge the opinions and |
| A retainer usually averages between $2,000 to $4,000 | | | | the basis of those opinions. |
| depending upon the complexity of the case. This can | | | | However, judges typically get frustrated by anyone |
| be very difficult to afford in a Rhode Island divorce or | | | | who challenges the recommendations. It is extremely |
| custody case because both parties are paying their RI | | | | difficult to get a RI Family Court judge to not adopt the |
| divorce attorney / lawyer. | | | | recommendations. |
| In complex cases involving lots of evidence, witnesses | | | | Rhode Island Personal Injury Lawyer |
| and complexities, a guardian may cost substantially | | | | Rhode Island Criminal Lawyer |
| more then $4000. They bill on an hourly basis ranging | | | | David Slepkow is a Rhode Island lawyer concentrating |
| between $150 to $250 an hour. | | | | in divorce, family law, restraining orders, child support, |
| Rhode Island Child Custody Lawyer Written Articles | | | | custody and visitation. David Slepkow has been |
| A guardian does not make the final decision as to | | | | practicing for over 12 years and is licensed in Rhode |
| which parent shall get physical placement or legal | | | | Island , Massachusetts and Federal Court. Free initial |
| custody of the child. The judge makes the final | | | | consultations. Credit Cards Accepted. Evening |
| decision regarding custody, visitation and physical | | | | appointments available. |