We have a relocation hearing pending that will be decided after the child custody report.
How can the guardian ad litem investigate when my wife and child are located in another state? She’s the one who removed my child and moved out of state so what is there to investigate?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
A guardian ad litem is usually an attorney appointed for the purpose of investigating and issuing a report to the court on what would be in the best interest of the child. Since the mother’s attorney requested the guardian ad litem, it is likely that the child’s mother will cooperate with the guardian ad litem in her investigation.
The guardian ad litem will likely call the child’s mother, speak with providers for the child, such as doctors, child care providers, etc. The guardian ad litem may also request to speak with friends or family members of the child’s mother. The guardian ad litem will request similar information from you.
Since the child is not old enough to speak, the guardian ad litem will speak with all people that he or she believes possess important and relevant information about the care of your daughter.
If depositions are held or other proceedings conducted, the guardian ad litem may be present for these as well. Based on that information, the guardian ad litem will issue her report to the court on what he or she believes to be in the best interest of the child.
The court will then consider the evidence presented at the hearing as well as the report of the guardian ad litem and issue a ruling on the relocation based on what the court believes to be in the best interest of the child. It may be possible to file an objection with the court to the request for a guardian ad litem if you chose.
However, you may want to consider whether the court may view the objection negatively since the guardian ad litem is supposed to be a neutral third party who is looking out for the best interests of the child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.