| In Rhode Island (RI), A guardian ad litem is an | | | | which parent shall get physical placement or legal |
| individual appointed by a Family Court Judge. The | | | | custody of the child. The judge makes the final |
| Guardian represents the hypothetical best interest of | | | | decision regarding custody, visitation and physical |
| the minor child in a Child Custody, Rhode Island | | | | placement / possession after hearing testimony at |
| Divorce , Visitation or other type of Family Court | | | | trial or hearing. The guardian drafts a report to |
| case. The Guardian ad litem is not a lawyer for the | | | | submit to the Court with his or her findings and |
| minor child! | | | | recommendations. |
| Guardians are frequently used in contentious custody | | | | A Guardian ad Litem could be appointed in a dcyf |
| cases when the parties have the resources to afford | | | | case, divorce case, visitation case, custody case or |
| a guardian. The judge could make an appointment of | | | | other type of Family Court action. |
| a Guardian or the parties can agree to a guardian | | | | The Guardian interviews both parents and interviews |
| being appointed. If the parties cannot afford a | | | | other witnesses involved in the childrens life such as |
| guardian, the Court can have Rhode Island Family | | | | teachers, social workers, guidance counselors, |
| Services do a home study and investigation for free. | | | | psychologists, psychiatrists, grandparents, aunts etc. |
| A guardian is typically a Rhode Island Lawyer / | | | | The Guardian will have full access to medical records |
| Attorney who has been certified by the Family Court. | | | | related to the child and perhaps the parents. He will |
| They are required to get certified by the Court | | | | have access to education, religious and other records |
| after many hours of training. A psychologist or | | | | related to the child. The amount of witnesses |
| psychiatrist could also act as a Guardian ad Litem. | | | | interviewed sometimes depends on whether the |
| Guardian ad litems are very expensive. | | | | parties can afford additional work. |
| Rhode Island Family Law and Personal Injury Articles | | | | The guardian typically interviews the minor children |
| Usually, both parties pay 1/2 of the expense. | | | | about their opinions concerning legal custody, |
| However, if one party has substantially more | | | | placement and visitation. The older the child, the |
| resources then the other party then that person | | | | more weight the he or she will give to the childrens |
| may be ordered by the judge to pay up to 100 | | | | preferences regarding custody or visitation.The |
| percent of the cost. If one person conduct caused | | | | guardian can recommend that other professionals get |
| the need for the guardian or is at fault they could be | | | | involved such as licensed clinical social workers, and |
| ordered to pay up to 100 percent of the cost. | | | | psychologists. |
| The retainer for the Court Appointed Guardian usually | | | | Even though the judge makes the final decision |
| averages between $2,000 to $4,000 depending upon | | | | regarding placement, legal custody and visitation, in |
| the complexity of the case. This can be very difficult | | | | reality, the guardian's report usually decides the |
| to afford in a Rhode Island divorce or custody case | | | | issues. The judge typically adopts the |
| because both parties are paying their RI divorce | | | | recommendations of the Guardian. Both parties have |
| attorney / lawyer. | | | | the right to call the guardian as a witness and |
| In complex cases involving lots of evidence, | | | | challenge the opinions and the basis of those opinions. |
| witnesses and complexities, a guardian may cost | | | | However, judges typically get frustrated by anyone |
| substantially more then $4000. They bill on an hourly | | | | who challenges the recommendations. It is extremely |
| basis ranging between $150 to $250 an hour. | | | | difficult to get a RI Family Court judge to not adopt |
| A guardian does not make the final decision as to | | | | the recommendations. |