However far more times than not, the parties to the case are so wrapped up in his/her own problems and needs that they fail to see the situation from the perspective of their own child(ren).
The court appoints the guardian so he/she does not owe any allegiance to either party. They can be objective in the investigation and recommendation as to what disposition would be in the best interest of the child(ren).
WHAT A GUARDIAN DOES
A guardian is empowered to investigate the entire background, living conditions, family relationships and any other matter related to the situation in order to make a recommendation to the court as to what would be in the best interests of the child(ren)...as to placement, visitation and other matters ruled upon by the court.
They can make home visits, speak with anyone in person, by phone, or any other method of communication. They can also (with the courts help), subpoena witnesses to testify and to appear in court.
The guardian usually makes a report to the court recommending a specific outcome. The parties do not have to accept the report, and can also present their own witness and evidence in court.
The judge makes the final determination on the disposition of the child(ren)...however, the report of the guardian - If presented properly to the parties prior to trial - can sometimes lead to settlement of the issues without the expense of the court trail. |
