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It is common for both parties to disagree on many things during a divorce or separation. The disagreement could be about child custody, how to share properties, child support, and so on. The whole divorce process is usually overwhelming for both parents.

“Most times, parties going through a divorce or separation are preoccupied with other issues. Consequently, the well-being of their child may take a back seat,” says Tamar Begun. However, the court has a system that takes care of the child’s best interest during a divorce or separation. It is often achievable by appointing a Best Interest Attorney (BIA). 

What is a Best Interest Attorney (BIA)?

A Best Interest Attorney, formerly known as a Guardian Ad Litem (GAL) is a professional representative that the court appoints to protect the interests of children. The reason behind this is that they act not only as the voice of the children in court, but also in the children’s best interest.

BIAs serve as attorneys representing minor children’s best interests for the court in child custody cases, and they put on their own case to the judge on behalf of the children. They look into a court case and present the court with their findings and recommendations. The result of the investigation, report, and recommendations will all be in the child’s best interests.

BIA’s are always lawyers. These lawyers represent the children and not their parents before the court. 

When Does a Court Appoint a BIA, and Can Parents Ask For One?

The responsibility of a BIA is to provide an objective picture of the child’s best interest. Thus, the court often appoints a BIA in a case when:

1. There is child abuse or neglect
2. The parents disagree on what is best for their child or children
3. There are highly contested child custody disputes
4. There is substance abuse or abandonment  

On the other hand, parents can ask the court to appoint a BIA in their case. While a request can be made, the court has the final say on whether it is necessary or not.

However, when a case involves child abuse, several states require the automatic appointment of a Best Interest Attorney or Guardian Ad Litem. In regard to custody cases, courts will often appoint BIAs.

The Responsibilities of a Best Interest Attorney

State laws and court orders govern the responsibilities of a BIA. However, the duties of a BIA go beyond simply speaking for the child. A BIA can also help the court make an informed custody decision by doing the following:

#1. Interviewing the Child and Parents

A BIA can assist the court in determining what is in the best interests of the child by interviewing the child about topics like:

1. What the child thinks about the parents
2. The child-parent relationship
3. How the child lives 
4. How the child enjoys the environment
5. Who the child prefers to stay with

After interviewing the child, a BIA also interviews the parents. Through this interview, a BIA will get a clear picture of the relationship the child shares with the parents.

During the interview with the parents, a BIA may ask the parents to explain their relationship with their child. A BIA will also inquire about parenting style, how the child relates with the other parent, and the child’s daily activities.

#2. Interviewing Other Adults Who are Involved

Aside from interviewing the child and the parents, a BIA also has to interview other people connected to the child. These groups of people may include teachers, babysitters, pastors, and other extended families.

The reason for these additional interviews is that the individuals are close to the child and know a lot about them. Thus, their opinion of the child is vital to a BIA. Their viewpoints are essential in acquiring a thorough picture of how the child relates with the parents.

#3. Home Visits and Investigating Reported Cases

Most times, there are cases of neglect and child abuse. When any of this is the case, a BIA will have to pay a home visit and investigate the matter. However, during this home visit, observing the child in the family house as they go about their daily routine helps the BIA. The BIA uses this medium to create a recommendation for the court.

Observing the child is not the last step of this process.  A BIA must investigate the reported allegations by interviewing family members, consulting with police, and asking the child questions.

After a thorough investigation and analysis, a BIA will attempt to speak with the parents and their attorneys and try to resolve the case without a contested hearing.  If that is not possible the BIA will represent the children and put on a case in the best interests of the children. While a BIA recommendation does not determine the case outcome, it will be given considerable thought by the court.

What is the Duration of a BIA Involvement in My Case?

Some attorneys appointed on behalf of the minor children work on a case for a few weeks, while others work on it for months or even years. The function and involvement of a Best Interest Attorney in a case depends on the circumstances surrounding each family’s case.

You will work with the BIA throughout the investigation. Also, during the case, the BIA will be present at all court hearings. The BIA may also be obliged to monitor court cases for a reasonable time later to ensure that the parties follow the court orders.

Best Interest Attorney and Parties Restrictions

Depending on state law, the Best Interest Attorney or Guardian Ad Litem may have significant restrictions. An example is in a situation whereby a BIA  makes a recommendation that goes against the child’s expressed desires. Here, a BIA must inform the court of the child’s position.

The parties are not permitted to influence the child unfairly. There is also a ban on not manipulating the child’s behavior for personal gain or instructing him on what to tell the BIA.

Final Thought

Though the court has a system that ensures the child’s best interest is covered, parents should also consider their child’s welfare.  When it involves a Best Interest Attorney, both parents should comply with the attorney appointed for the minor child for the best interest of their child.

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