This blog post is offered by Alyson Reed, a rising 3L, who completed Family Law in Spring 2019:
The troubled child. The rebel. The wayward teen whose heart is reflected by the destruction of his or her hands. Sometimes these terms shift from a disturbed youngster to the dreaded legal term juvenile delinquent. Oh, the lives that perhaps could have been changed if a guardian angel had truly been present at a pivotal event. Whether you prefer the title guardian ad litem ("GAL") or child advocate, such a label encompasses an important responsibility. A GAL's primary responsibility is to look after the best interests of a minor who for whatever reason has been thrust into the limelight of the court system. While it is easy to simply check boxes next to each of the best interest factors required by the appropriate state statutory code, there are many practical considerations for a GAL to remember that just might be a guiding light for a minor in a dark period.
For instance, in custody proceedings, it is important to remember that a GAL's responsibility is not to pick a parent to champion. Often one parent appears to be the "better" parent, but rarely does the blame rest at one parent's feet. Generally, the mother may be the preferred parent for many judges and sometimes GAL's, but a child's interaction with the father is just as vital.[1] Further, GAL interactions with the child both independently and in the presence of the parent are important. This time provides invaluable insight into how the child views authority and his or her place within the family. Each child a GAL encounters through the court system may appear to be just one more case, however, a child who is thrown into the court system without his or her own volition is inadvertently at risk for trauma. This trauma left unrecognized, unsoothed, or unchecked leads many children who once were forced to undergo the discomfort of the legal system to return to that same place of trauma only this time because their own actions which may have been curbed put them at the mercy of the law. [2]
So remember when you see two distressed parents, most assuredly there is a child whose susceptibility to returning to the juvenile courts as a juvenile delinquent has been significantly increased. Family restoration sees the child as well as the adults involved, and works to protect that child, possibly even as a guardian angel.
[1] Angela D. Mullens, "The Relationship Between Juvenile Delinquency and Family Unit Structure" (2004). Theses, Dissertations and Capstones. Paper 750 at 23 (A father's presence alters the statistics in juvenile delinquency).
[2] Galan M. Janeksela, Mandatory Parental Involvement in the Treatment of Deliquent Youth, 30 Juv. & Fam. Ct. J. 47, 48 (1979) (70% of all children in juvenile courts come from broken homes).
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