Mississippi Order Appointing Guardian Ad Litem

State:
Mississippi
Control #:
MS-61826
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order Appointing Guardian Ad Litem, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s). USLF control no. MS-61826

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FAQ

GALs are trained professionals and are usually attorneys. However, unlike your attorney, a Guardian Ad Litem serves as the child's advocate not the parents' during a divorce, custody, or paternity trial.

A guardian ad litem is a ward's legal advocate in a single court action.On the other hand, a guardian has overall legal authority to make personal and financial decisions for a child or incapacitated party, although the title may not be permanent.

Whether the court will assign a GAL to your case before the temporary hearing depends on your child custody and placement status and the purpose of the temporary hearing.As a practical matter, the court usually follows the GAL's recommendation, but that is not true in all case.

From and after January 1, 1999, in order to be eligible for appointment as guardian ad litem, such attorney or lay person must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding the appointment.

The guardian ad litem shall be paid a fee in the performance of duties pursuant to section 43-21-121(6) of the Mississippi Code. The court may order financially ableparents to pay for the reasonable fees of the guardian ad litem, or a portion thereof, pursuant to section 43-21-619 of the Mississippi Code.

Essentially, an Attorney ad Litem will act as a third attorney in the case. Conversely, a Guardian ad Litem is appointed to act as a friend or investigator/evaluator on behalf of the children's best interest.It is important to know the Guardian or Attorney ad Litem before having them appointed to your case.

The guardian ad litem ultimately makes a recommendation about what he or she thinks is in the best interest of the child.However, his or her basic duty is provide the court with necessary and unbiased information so that the just can make an informed decision about what is best for the child.

Often, though not always, the judge does agree with the guardian ad litem. Generally speaking, guardians ad litem are really well respected, and they're an important part of a custody case.Guardians ad litem are attorneys, too, but they're trained to deal with kids.

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Mississippi Order Appointing Guardian Ad Litem