Working through disagreements over child custody or time-sharing schedules is a process frequently fraught with frustration and conflict. Understandably, neither parent wants to relinquish control of a child, and even when custody is shared, one parent must accept that he or she cannot direct the other parent’s parenting style. However, in order to keep the needs of the child at the forefront of the situation, parents need to cooperate and try to present a united front on key issues so the child has clear directions on important topics. Trying to effectuate this balance is easier said than done, in particular, when parents are in the midst of divorce or experiencing a shift in circumstances that make maintaining the parenting arrangement untenable.
Before relations between the parents become completely contentious and combative, the legal community offers resources to resolve these disputes in a neutral setting with the aim of improving or preserving the lines of communication between parents. These options are accessed when the court orders the involvement of a neutral party to help resolve family law matters. The overriding purpose of these appointments is to help streamline the resolution process so the parents and the child can move forward. An overview of the role third parties play in family law matters will be discussed below.
Parenting Coordinator
A Parenting Coordinator, or PC, is a court-appointed attorney or mental-health counselor that typically has specialized training in how to deal with parents that have ongoing conflicts post-divorce or a paternity decree related to child custody. The role of the PC is driven by the orders of the judge who made the appointment, so the exact role a PC plays varies from case to case, but generally, they are there to help the parents learn more effective communication skills, mediate disputes, and serve as the deciding voice if the parents cannot agree on an issue. They can also have more expansive powers, such as directing medical care for the child or arranging counseling. PCs are more accessible than judges when a decision needs to be made and are able to advise on day-to-day disagreements instead of just the big-picture issues that concern a court. In addition, the cost for these individuals is lower since it is split between the parties. One important downside to using these professionals is that communications between the PC and the parties are not confidential, and the PC can be called to testify in court in certain instances.
Guardian ad Litem and Court Appointed Special Advocates
Guardians ad litem (GAL) and court appointed special advocates (CASA) are volunteers that receive special training on representing the best interests of the child, though they do not serve in the capacity of legal representative for the child. Their appointment is required in abuse and neglect cases, but is becoming more frequent in divorce and paternity proceedings that involve a lot of contested issues or allegations about the health and safety of the child. Once appointed, they serve until formally dismissed by the court, and can retain continuing supervision over the best interests of the child to ensure the parenting plan is properly followed. GALs and CASAs have the power to subpoena witnesses in the course of their work, and are generally there to:
- Monitor the parents’ compliance with the court’s orders;
- Investigate the child’s situation by interviewing anyone who plays an important role in the child’s life (parents, siblings, teacher, doctor, etc.) and collecting pertinent records;
- Speak on the child’s behalf at court hearings; and importantly,
- Create a report for the judge outlining his or her recommendations on how the judge should rule on child-related issues.
Get Legal Advice
If you and your former spouse have continual conflicts around child-based decisions, it may be worth considering the involvement of a neutral third party to assess the issues and help bring a faster resolution. A family law attorney can ask the court for such an appointment if the circumstances of your case suggest it would be beneficial. Christopher L. Arrington helps family law clients in the Indianapolis area, and is available to represent your interests in a variety of family law matters. Contact him to schedule an appointment.