When child custody, visitation, or support is contested in a divorce or other legal proceeding, courts may appoint a guardian ad litem (often an attorney with experience in family law matters) to investigate and make independent, objective recommendations to the court of what is in the best interest of the child. The guardian ad litem will typically interview the child, the parents, and other people who have contact with the child, and may subpoena witnesses to testify at court hearings, examine and cross-examine witnesses at hearings. The guardian ad litem may also testify regarding her investigation of the circumstances, conclusions, and recommendations to the court.
In Texas, when child custody, visitation, or support is contested, the court has the authority to appoint a guardian ad litem to represent the best interests of the child. This guardian ad litem is often an attorney with experience in family law. Their role is to conduct an independent investigation, which includes interviewing the child, parents, and others in contact with the child. They have the power to subpoena witnesses and participate in court hearings, where they can examine and cross-examine witnesses. After completing their investigation, the guardian ad litem presents their findings, conclusions, and recommendations to the court to assist in making a decision that serves the child's best interests. The appointment and specific duties of a guardian ad litem in Texas are governed by the Texas Family Code and relevant case law.
