Guardian Ad Litem - Assignment Example

?Guardian Ad Litem THESIS MENT Guardian Ad Litem (GAL) is an individual who is appointed to signify best interests of an underage adult or a child relating to a case of divorce or parental rights along with similar cases. The person (GAL) can be regarded as an attorney or non-attorney representative who is likely to play a decisive role in protecting the best interests of a child (UC Davis School of Law, “In the Child’s Best Interest?”). The report therefore tends to briefly analyze the case of Cathy, a twelve years old child and decipher an idea about parental decisions. QUESTIONS TO BE ASKED TO CATHY The investigation process of GAL should focus upon following certain essential guiding principles while serving the best interests of Cathy. In this regard, the GAL must need to consider certain essential factors while investigating a child. A few of the major factors to be considered while asking questions to Cathy have been provided hereunder. Understanding the needs and ensure to defend the child from any type of physical and emotional harm Comprehending the views of the child and her relationship with each parent and/or other people Identifying possible changes on the child while being separated from the parents Considering practical problems of the child in terms of contacting his/her parents Considering and understanding of the child’s personal and psychological characteristics including cognitive and physical behaviors among others. Therefore, it can be affirmed that the aforementioned considerable factors would be more beneficial for both Cathy and the GAL to share along with understand the feelings while asking various types of questions (UC Davis School of Law, “In the Child’s Best Interest?”). DISCUSSION OF LEGAL TERMINOLOGIES With reference to the guiding principles that are often represented by the Federal and State Statutes, it can be viewed that certain essential policies ensure to protect and serve paramount interests of the child. A brief discussion about the legal terms or standards determining the best interests of the child i.e. Cathy have been provided hereunder. Ala. Code § 12-15-101 (LexisNexis through 2012 1st Spec. Sess.). The Federal and/or State Constitution tends to protect the child from different emotional or physical harms and ensures to select appropriate individual amid the parents with whom the child is likely to be stayed (UC Davis School of Law, “In the Child’s Best Interest?”). In relation to the case scenario, the GAL should highly focus on justifying and understanding the emotional along with the physical characteristics of Cathy and making effective decisions of identifying appropriate parent. Moreover, the provisions in this legal terminology also ensures the deliverance of fundamental rights and needs incorporating adequate care, food, appropriate medical care facilities, cloths along with other remedial elements of the child. D.C. Code Ann. § 16-2353 (LexisNexis through 7-18-12). With reference to the sections of the Federal and State Statutes, the court is authorized to protect the child through applying standards concerning the rights and responsibilities of the parents. Moreover, the section also tends to ensure extent feasibility of the child’s opinions regarding his/her own personal interests (UC Davis School of Law, “In the Child’s Best Interest?”). Therefore, it can be stated that the primary roles of the parents generally include adequate care and welfare of the child along with proper arrangement of shared responsibilities to nourish the child as per her basic needs. Moreover, maintaining effective cooperation amid the parents has also been identified to ensure serving best interests of the child. Fla. Stat. Ann. § 39.810 (LexisNexis through 2012 Sess.). In order to act with the purpose of serving paramount interests of Cathy, the guiding principles of the Federal and State constitution can also ensure keeping the child in a suitable custody with a relative or any close caregiver (UC Davis School of Law, “In the Child’s Best Interest?”). The major role of the GAL would be to identify and record the physical along with the psychological conditions of the child and most vitally to provide greater care facilities to her. Moreover, interviewing parents along with other caregivers of the child in the family is also a major responsibility to emphasize serving best interests of the child. 705 Ill. Comp. Stat. Ann. 405/1-3(4.05) (LexisNexis through 2012 Sess.). The guiding principle of the State constitution tends to involve various other factors relating to serve the child’s best interests. The provisions represent to highly prioritize the child’s sense of attachments regarding the place where he/she feels care, love, familiarity and security among others (UC Davis School of Law, “In the Child’s Best Interest?”). Ind. Code Ann. § 31-34-19-6 (LexisNexis through 2012 2nd Reg. Sess.). The State guiding principles also ensure to build adequate safety of the community along with enhances the child’s best interests and the juvenile court is endorsed to form effective dispositional declaration. This can impose least restraint over the freedom of the child living with one of her preferred parents (UC Davis School of Law, “In the Child’s Best Interest?”). ANALYZING RELEVANT LEGAL TERMS RELATING TO THE CASE OF CATHY With regard to the case of Cathy, it can be recognized that the child has been facing significant challenges due to the separation of her parents. In relation to the custody proceeding of the court hearings, it is essential to find out appropriate place for Cathy wherein she can avail greater security. It has been viewed that although the mother having a close relationship with Cathy, the alcoholic nature led her to get separate from her husband making Cathy to feel caught in the middle. Therefore, the principle of the Federal or State Statute which incorporates adequate guidelines ensures to provide appropriate support to Cathy for availing effective care and facilities. In this regard, the statute of “D.C. Code Ann. § 16-2353 (LexisNexis through 7-18-12)” would provide adequate support for Cathy to obtain adequate rights for accomplish her required needs. In relation to “D.C. Code Ann. § 16-2353 (LexisNexis through 7-18-12)”, the proper implementation of the guiding principles would enable the GAL to effectively claim for delivering appropriate care and other required facilities to Cathy. Moreover, the major provisions of this statute is to protect the child through applying standards concerning the rights and responsibilities of the parents and further ensures to determine adequate support improving the welfare along with the emotional behavior of the child at large. Additionally, the guiding principles of the aforesaid statute would also facilitate Cathy to procure effective nursing facilities that would reduce her physical ailments and different cognitive problems by a certain degree (UC Davis School of Law, “In the Child’s Best Interest?”). Furthermore, the guiding principles of “705 Ill. Comp. Stat. Ann. 405/1-3(4.05) (LexisNexis through 2012 Sess.)” would also enable the GAL to claim for providing effective care facilities in accordance with Cathy’s sense of attachments. In this regard, the provision would enable Cathy to reduce her psychological symptoms through acquiring effective medication and psychotherapeutic processes (UC Davis School of Law, “In the Child’s Best Interest?”). ROLES TO PLAY BY CATHY IN THE CUSTODY PROCEEDING In order to define Cathy’s role in the custody proceeding, it can be affirmed that the child should share certain valuable information including her physical and emotional feelings that led her to feel caught in the middle of her parents. LIFE ISSUES NEED TO BE DECIDED IN THE CUSTODY PROCEEDING OF CATHY In relation to the case of Cathy, the life issues have long been identified to be faced by children in different ways. Most of the children are likely to face child’s custody, placement and among other critical life issues due to the separation of parents. However, from the observation of the case of Cathy, the life issues should be focused on determining the child’s physical stability along with her psychologically distorted behaviors and ensuring to provide appropriate nursing facilities to her. Additionally, suitable custody with a relative or any close caregiver of the child would also need to be decided in the custody proceeding of Cathy. The process would facilitate the child to acquire appropriate health benefits while being in the custody proceeding. ROLES TO BE PLAYED BY CATHY IN DECIDING THE LIFE ISSUES RAISED IN THE SCENARIO With reference to the case scenario, various types of challenges that faced by Cathy can be apparently viewed due to rising conflicts amid her parents. Therefore, Cathy should highly focus on cooperating with the service providers and ensure to acquire appropriate decision from the court. Moreover, she should also need to maintain equal familiarity with her parents in order to effectively maintain better affiliation both with her mother and father as well. ROLES TO BE PLAYED BY ONE OR BOTH THE PARENTS OF CATHY IN DECIDING THE LIFE ISSUES RAISED IN THE SCENARIO According to the observation of the case, both the parents should mutually provide active support and perform suitable responsibilities towards Cathy as she requires regular injections due to her physical and psychological condition. Moreover, especially her mother should focus on frequently monitoring the present health and psychological condition of Cathy as she is much close to the child. ROLE OF THE JUDGE IN DECISING THE LIFE ISSUES RAISED IN THE SCENARIO In relation to the case scenario, the judge should highly emphasize the current physical and psychological condition faced by Cathy and decide upon offering adequate nursing to for the child. Moreover, the judge should also need to take appropriate decision in accordance with the child’s sense of attachments along with attaining her basic rights and needs. ADDITIONAL INFORMATION With reference to the overall case scenario, the guiding principles have been identified to play an imperative role for Cathy during her custody proceeding. In this regard, the provisions underneath the guiding principles should also need to incorporate adequate responsibilities and rights for both the parents of Cathy to ensure appropriate custody proceeding. Work Cited “In the Child’s Best Interest?”. UC Davis School of Law. 2010. Web. 4 Oct. 2013. Read More