What is an Attorney Ad Litem?
An attorney ad litem is an attorney that is appointed by the court to represent a child’s best interests. They are appointed in almost every contested custody case. This post will answer some commonly asked questions about attorneys ad litem, what they do, and what you need to know for your case.
What does an Attorney Ad Litem do?
The attorney ad litem is tasked by the judge to investigate the issues in the case and make recommendations about custody, visitation, and other child-related matters. To investigate the case, the attorney ad litem will interview the parents, teachers, counselors, and family members of the child. They will review the child’s grades and attendance. If the child has special needs, they will review the child’s medical records. They will look at the evidence in the case provided from both sides. They usually conduct home visits at both homes. In every case, they will talk to the child.
Does the Attorney Ad Litem do what the child wants?
Not necessarily. The attorney ad litem is tasked with representing the child’s best interests, not the child him or herself. A child’s wishes are more strongly considered if the child is older, mature, has good grades, and has valid reasons for their wishes. There is no magic age when a child gets to decide where he or she wants to live. The attorney ad litem will consider the child’s wishes and their reasoning in making their recommendations. If their recommendation is different from what the child wants, then they are obligated to inform the court about that difference.
What can I do to help my case if an Attorney Ad Litem is appointed?
First, contact the attorney ad litem as soon as possible. Set up a meeting to talk to them and pay their retainer. Fill out any paperwork that is requested. Give the attorney ad litem a copy of the child’s grades and attendance and medical records, as well as any other evidence from the case such as recordings or text messages.
Be honest with the attorney ad litem. We all want what is best for kids in these cases. Sometimes kids need counseling or other services, and the attorney ad litem can help facilitate those services. Don’t hide anything and keep the attorney ad litem updated with any changes in your life, such as employment or housing changes, and anything important that goes on with the kids, such as if they get in trouble at school or have a medical problem.
How does the Attorney Ad Litem get paid?
Typically, the parties are ordered to pay a small retainer at the beginning of the case. The attorney ad litem will bill hourly for their services. The hourly fee ranges from $90-200 per hour. It’s a good idea to ask about that at the beginning of the case. There is grant money available from both the state and the county to help pay for attorney ad litem services if the parties are indigent and unable to pay. Otherwise, the attorney ad litem will bill the case, apply the initial retainers and/or any grant money, and the balance will be paid equally by the parties. You can typically expect to have to pay $500-1000 for the attorney ad litem and should budget appropriately.
Does the Attorney Ad Litem come to court?
Yes. The attorney ad litem acts like a third party in the case. They can call and question witnesses and present evidence. They will also make their recommendations to the judge at the end of the case. The judge will take the recommendation of the attorney ad litem very seriously. it is important to know that during settlement negotiations.
Is there anything else I need to know?
In everything you do, keep your children and their well-being at the front of your mind. Do not talk badly about the other parent. Do not talk to the child about court or involve them in conflict unnecessarily. Protect your child as much as possible. If your true concern is your child, then the attorney ad litem will know that, and so will the judge.
Good luck!