Guardian ad litem - Assignment Example

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Guardian Ad Litem THESIS STATEMENT 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?…
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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