When it comes to a particularly contested and conflicted-ridden divorce case and by extension a child custody battle, the circuit court would likely move to appoint a professional such as a Guardian ad litem. This will be a specialist who will monitor and evaluate the situation in the best interests of the child.
However, it is important to keep in mind that a guardian ad litem does not legally represent the child. They will not be there to take sides, only to investigate and report back to the court what they think is the best outcome for the child, which is going to play a major role in who gets primary custody.
Reasons Why a Guardian Ad Litem May Deem Necessary to Withdraw from the Case
Conflict of Interest
If the professional suspects that they may be emotionally compromised and may be evaluating the case with a biased lens, they are duty-bound to pull themselves away from the case.
Unforeseen Issues
The GAL may also feel compelled to withdraw from the custody case considering unforeseen consequences such as health issues, or family problems, or when they suspect they may not be able to fulfill their responsibilities in earnest.
The Parents Do Not Cooperate
If the guardian ad litem faces undue complications in the form of non-cooperation from the parents – such as the parents insist on not providing the GAL the necessary information or are hindering their duties, they can request the court to be taken off the case.
