Kathy Rowell, Family Mediator and Child Welfare Legal Specialist
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The Role of the Guardian ad Litem In Tennessee

8/3/2013

1 Comment

 
In Tennessee, Guardian ad Litems are often appointed in cases that involve children.      Courts appoint Guardian ad Litems to specifically investigate cases and make specific recommendations about what is in the best need of the children involved.      Guardians are either appointed under Supreme Court Rule 40 (Juvenile Court dependency and neglect cases) or Supreme Court Rule 40A (custody proceedings, usually in Circuit or Chancery Court).  

In Tennessee, Guardians are usually attorneys and are either paid directly by the parties or are paid by the Administrative Office of the Courts (AOC), if the parties have been declared indigent.    The child is the client of the Guardian ad Litem, and unless the child is too young or is severely mentally disabled, meeting with the child is one of the first steps a Guardian needs to take.

Being a Guardian ad Litem is a difficult job because custody and abuse and neglect cases are very complex.   There are many factors to consider in determining what is in the child's best interests.        It is very rare that one parent is totally in the right and the other is totally in the wrong.   The Guardian must review records, interview parties, and perform a careful weighing of statutory factors under T.C.A. Section 36-6-106, amongst others.

In addition, the Court often appoints a Guardian ad Litem in  cases in which litigation has been lengthy and acromonius.    These type of cases are never good for children.     
1 Comment
john madsen
2/13/2019 03:52:24 pm

I have a question, if I may. Our 14-year old grandson is having severe mental/emotional health problems. His mother (our daughter) divorced his dad after an episode of domestic violence. His dad had not (at the time) worked for several years and had returned to meth addiction. It has come to light that his dad had been abusive in the worst way and the boy had helped him conceal it; there is a DCS file. The issue (as i'd bet you have surmised) is that he now needs long-term residential care, and his moms' private insurance is doing what insurance companies do. His dad committed suicide in September. Is there a court action or proceeding by which she might have a guardian ad lidem appointed to help deal with the institutional foot-dragging? i would be grateful for any reply you might offer.

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