Guardian Ad Litem Cost

Jesse Barrientes: Sure.

David Siegel: Let’s get to the crux of custody. What is this best interest of the child standard that the court adheres to?

Jesse Barrientes: Well the court wants to make sure, again, that everything is in the child’s best interest and so the way they do that - no judge really wants to make a custody determination because a judge has a whole bunch of cases in front of them. You know, you never know what’s going to happen in Aurora, so a lot of times what will happen. The court can do it on it’s own motion or either one of the parties can petition the court and ask for a JO, which is a guardian ad litem. It’s kind of beyond the scope of our show here to talk about the different things the attorney for the child, you know the different kinds of –

David Siegel: Let’s talk about the result the court is trying to bring about. What is that?

Jesse Barrientes: Well, the guardian ad litem is essentially an attorney for the child and basically that person is going to investigate and to talk to each of the parties, talk to the children, going to talk to people in the school, and to other people. And they’re going to recommend to the court, and very often that’s what happens. It’s a – guardian ad litem is appointed with respect to making an oral report. They don’t have to – depends on where you’re at and the circumstances –

David Siegel: Somebody’s got to pay that guardian ad litem, or child representative.

Jesse Barrientes: Right. Generally it’s split between the two parties, although –

David Siegel: This is another burdensome expense that the Aurora parties are putting themselves through by not being able to agree on custody.

Jesse Barrientes: That’s right. And so sometimes it will be in proportion to what the resources of the parties are.

David Siegel: And if there’s one bread winner, that means that one bread winner is paying both his side or her side, as well as the other parties side.

Jesse Barrientes: Most likely that’s what’s going to happen. Or it’s going to come out of the marital estate, which is the equity of the home or some other place.

David Siegel: If there was equity.

Jesse Barrientes: If there was equity, true enough in this economy. But essentially the guardian ad litem’s job is to make recommendations as to what’s in the child’s best interests. And I’m going to tell you, for the most part the court is probably going to hold what the guardian ad litem – the guardian ad litem is essentially the right hand of the court and what the recommendations are, the court most of the time is going to pay great heed on. And that’s because the court, the judge can’t get out there himself or herself and do that kind of investigation –

David Siegel: Wouldn’t that be great if they did?

Jesse Barrientes: It would be very interesting, but they wouldn’t be able to have and hear all the cases that they do. There is just simply not enough time.

David Siegel: They would really be earning their money at that point.

Jesse Barrientes: It would be different for sure.

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