Role and Responsibilities
A guardian ad litem is a person, typically an attorney and usually appointed by the court, who looks out for the best interest of a minor child who is somehow involved in legal proceedings. The guardian ad litem must have proper credentials, and is generally appointed in situations where there is the presence of abuse, neglect, or conflicts between parents and siblings, but can also be appointed to ensure that the financial interests of the child are observed.
Initially, the guardian ad litem in Rhode Island will meet with the child and perform an investigatory interview. They will then prepare a report for the court detailing the background of the case, an identification of any and all persons interviewed, a statement by the child encompassing their emotional, medical and service needs, as well as their own wishes with regard to the outcome of the case.
Communications between the child and guardian ad litem are not privileged, which means that they can be shared with other parties and attorneys in the matter, as well as submitted to court proceedings.
The guardian ad litem has broad and far reaching powers concerning the children they represent. Medical and school records are available to them upon request, they are to appear at all court proceedings that affect the interests of the child, and they act as an officer of the court with quasi-judicial immunity for any action they must take regarding the well-being of the children they represent.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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