You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #159: You are misunderstanding why a GAL is appointed. [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-16-09 07:05 PM
Response to Reply #130
159. You are misunderstanding why a GAL is appointed.
"The role of guardian ad litem is to investigate the ward's situation and then to ask the court to do what the guardian feels is in the ward's best interest." In re Baby Girl Baxter (1985), 17 Ohio St.3d 229, 232 (emphasis added). (Supreme Court of Ohio articulating the roles of attorney and GAL as part of deciding a case in which it was alleged that that the attorney's obligation to zealously advocate for his client (a mentally incompetent mother) conflicted with his role as GAL for that same mentally incompetent mother.)

In cases involving juvenile v. parental rights, a GAL is appointed because the child's interests MAY differ from the parents. It is not assumed they are different, nor it it assumed they are the same. The GAL is to advocate for whatever the GAL, after investigation, believes to be in the best interests of the child. Even when all parties are in agreement as to what is in the best interests of the child, the court still makes the final call.

Other states may have slight variations, since the role is a creature of state law - but I am unaware of any state in which the GAL's role is provide a counter-argument to the parents' attorneys without first investigating and determining that the child's interest are adverse to the parents' interests.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC