Guardian Ad Litem Archives - Ohio Family Law Blog

Guardian Ad Litem Basics in Ohio and Tips for Your Interview

PUBLISHER’S NOTE: A client of mine has an appointment next week to prepare her for her appointment with the Guardian Ad Litem in her divorce case. To prepare and organize my thoughts, I went back to the SEARCH tool at the top of the Ohio Family Law Blog to review our prior posts about this topic. I have posted 8 or so blogs about GAL’s in the past, but not one specifically about how to prepare and conduct yourself with the Guardian Ad Litem. So, here it is!

Mastering Your Approach: Strategies for Interacting Effectively with a Guardian Ad Litem

Navigating the best approach to take with a Guardian Ad Litem in a divorce, custody or parenting proceeding can be very confusing. The role of the GAL is extremely important to the outcome of your case. The purpose of this blog article is to help you avoid some of the common pitfalls.

THE BASICS ABOUT THE ROLE OF A GUARDIAN AD LITEM AND WHAT YOU SHOULD KNOW:

To save space for me to discuss my “tips” for your GAL interview, click here to read a prior blog from December of 2021 that provided the basic information you should know … Read More... “Guardian Ad Litem Basics in Ohio and Tips for Your Interview”

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996). Thus, courts in Ohio no longer considered the choice of the child controlling and opted instead to utilize the ” best interest” factors set forth in the current amended statute. Id.

Ohio Law Today on the Wishes of the Child to Live with a Parent

While the … Read More... “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

Updated Guardian Ad Litem Rules in Ohio

New Guardian Ad Litem Changes Coming to Ohio

Did you know the Supreme Court of Ohio Added New Amendments to Guardians ad Litem? New Changes, Requirements and Redefinitions Explained

As of January 1, 2021, the Supreme Court of Ohio added new amendments regarding Guardians ad Litem, or GALs, including a redefinition of the responsibilities for those appointed as GALs, new training requirements, as well as the penalties for unauthorized disclosure of GAL reports once they are complete.

It is important for attorneys in Ohio appointed as Guardians ad Litem to know and understand the changes made at the beginning of this year.

A Refresher

A “Guardian ad Litem” (GAL) is an individual who is appointed by the court to assist with determining the best interest of the child in domestic relations and juvenile cases. This person is usually an attorney (though in the state of Ohio this is not a requirement) who represents only the child and no other parties involved.

It is the job of the GAL to conduct a thorough investigation on behalf of the child they are representing. In a previous post from September of 2018, “Blast From The Past”: The Role and Functions … Read More... “Updated Guardian Ad Litem Rules in Ohio”

Blast From The Past: In Camera Interview of Children in Divorce Court

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: “Here is a good article on in camera interview by Attorney Anne Shale from 2008. Nothing has really changed in 10 years about this interview process for the Court to obtain insights about the child’s wishes in a contested custody or parenting time case. All this is geared towards figuring the “best interest” of the child.”

Should You Let Your Child Participate In An In Camera Interview?

What is an in camera interview?

The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.” The interview does not involve a camera or a videotape at all! If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present. An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors. It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also … Read More... “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Blast From The Past: Divorce: Relocation Issues in Ohio

PUBLISHERS NOTE: Looking back over the last 10 years of Ohio Family Law Blog articles is always fun for me! Here is another BLAST FROM THE PAST written by Attorney Anne Shale and published on January 21, 2008. I have edited it to include the current relocation language from Montgomery and Greene Counties.

Divorced And Thinking About Relocation? Read This Before Taking Any Action!

Twenty to thirty years ago, there was no issue related to “relocation”. There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father. If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance. Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children. My father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not involved in other parenting tasks involving “hands on” care. His primary “job” as … Read More... “Blast From The Past: Divorce: Relocation Issues in Ohio”

GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

man walking in woods with young daughter

In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school. Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved. Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:

“Upon presentation of a copy of this court order, issued in compliance with 45 C.F.R. 164.512, to any agency, hospital,

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