Legal Question in Family Law in Washington

Re: Guardian ad Litem

A Guardian ad Litem will have to be appointed if your case is a paternity action (you and the father are not married) which is being brought by you privately instead of the State, which is normally done in cases where a parent has been on public assistance. In a divorce or support modification case, there is not an absolute requirement that a Guardian ad Litem be appointed.

If a Guardian ad Litem is appointed the scope of his or her duties depends on the circumstances of the case and the court's instructions, if any. In the case of a private paternity action, the only questions normally addressed by the Guardian ad Litem are whether it is in the child's best interest that paternity be established and whether the child support set is appropriate. The law sets out very specific guidelines for setting child support. By law, the court is not to simply accept your agreement with your child's father about what the right amount of child support is. The court has the obligation to ensure that the appropriate level of child support is set, in accordance with the law.

The Guardian ad Litem is a person with special training who has specific permission to operate as a Guardian ad Litem in that county. The court will have a list of people who are authorized to act as Guardians ad Litem and will select a person from the list if you don't have someone in mind. Payment of the Guardian ad Litem varies from county to county. In some the county will cover the initial cost if the parents cannot afford the cost and require reimbursement from the parents. In some there are volunteers whose services are utilized when the parents cannot afford to pay. Otherwise, the court will require the parties to pay the Guardian ad Litem.