Child custody drives a great deal of litigation in divorce cases.  This is due to the very emotional nature of either staying with or being separated from your children.  Secondly, in some cases child custody is attempted to be as leverage in an effort to obtain some other benefit.  Thirdly, child support often flows from child custody.  Meaning that whichever parent is awarded custody of the children is the parent who frequently also receives child support.

Custody of the children is decided based upon what is in the best interests of the children.  Clearly, this is a very subjective standard and one that does not have a good set of objective standards.  Frequently, the very issues that caused the parents to seek a divorce in the first place center on different parenting styles.

In an effort to give the Court an objective opinion as to what is in these children's best interest a neutral third party (frequently an attorney or counselor who have been specially trained) are appointed by the Court as a Guardian Ad Litem (GAL).  The GAL's role is to represent the children's interests in the divorce and to speak out on the children's behalf.

Contact the Divorce Law Group for if you have any questions regarding child custody.