Information on Children and the Court System

Bennett & Bennett, LLC

Information on Children and the Court System

Table of Contents
What kinds of court cases involve children?
What is a Guardian Ad Litem (GAL)?
What is a Court Appointed Special Advocate (CASA)?
What is Children First?
Miscellaneous Child Advocacy Resources on the Web

What kinds of court cases involve children?

Dissolution of Marriage (Divorce) - When persons dissolving a marriage have unemancipated children, the court must decide the legal custody (decision-making authority) and physical custody (where the child will live, and what visitation the child have with the other parent). The court must also decide the amount of child support to be paid.

Paternity - When persons who are not married have children and a case is filed in court to legally detemine the parenthood of the children, the court must decide legal and physical custody and child support just as it would in a divorce.

Adoption is a court action to change the legal parenthood of a child. All legal ties to the biological parents are terminated, and the adoptive parents become the legal parents of the child for all purposes, just as if they had physically conceived and given birth to the child. (Step-parent adoption is when the parents of a child have divorced, one of the parents has remarried, and the step-parent wishes to become the legal parent of the child.)

Juvenile - There are three kinds of juvenile cases: 1) Abuse/neglect cases, in which the child has been mistreated by the parents, and it is necessary for the court to take over temporary legal custody for the protection of the child. Depending on the circumstances, it may also be necessary for the court to take physical custody, removing the child from the parents' home and placing the child with relatives or in foster care. 2) Status cases, in which a child runs away from home, or is frequently truant from school, or is otherwise beyond parental control. 3) Delinquencies (law violations), in which the child has committed an offense which would be charged as a crime if the child were an adult.

Protective Orders - When the court grants a protective order to one of the child's parents (or to the child), it is often necessary for the court to make temporary orders for legal and physical custody and child support just as it would in a divorce.

What is a Guardian Ad Litem (GAL)?

When a child is involved in a court case, it is common for everyone involved to be represented by an attorney, except for the child. The Guardian Ad Litem (GAL) is a person appointed by the court to represent the child in court and to make recommendations to the court regarding the best interests of the child (some states may refer to a Guardian Ad Litem as Attorney Ad Litem or Law Guardian). The role of Guardian Ad Litem is not exactly the same as being an attorney for the child. The Guardian Ad Litem has to consider the child's wishes, but also is required to make an independent judgment of what is in the best interest of the child, even if that is not what the child wants. In Missouri the Guardian Ad Litem is often an attorney, although in certain kinds of cases the court may appoint a non-attorney volunteer to serve as Guardian Ad Litem, with an attorney available for the volunteer to consult regarding legal issues.

The Guardian Ad Litem's exact legal authority and duties depend on what statute he/she was appointed under, which in turn depends on the type of case. Generally, the Guardian Ad Litem has a duty to familiarize himself with the case prior to the trial or hearing; to find out the child's wishes by meeting with the child (or by meeting with others involved in the case if the child is too young to express wishes); to gather information and arrange the presence of necessary witnesses for the hearing; to represent the child in court at the hearing; and to advise the Court as to the child's wishes and the Guardian Ad Litem's recommendations. The Guardian Ad Litem also has authority by statute to obtain records and information regarding the child and others involved in the case, even if such records would ordinarily be confidential. The duties of a Guardian Ad Litem in Missouri are spelled out in the Missouri Supreme Court's Standards for Guardians Ad Litem.

For more detailed information about the role and duties of Guardians Ad Litem, including legal issues for GALs, advice for GALs, Guardian Ad Litem resources on the Web, and references to Missouri statutes and case law, see our Guardian Ad Litem Resource Page.

What is a Court Appointed Special Advocate (CASA)?

Court Appointed Special Advocates (CASAs) are volunteers who undergo extensive training and background checks to become certified to work with children who are involved in court proceedings. After the training and certification is completed, the volunteer is sworn in by the Court to serve as an officer of the Court. The CASA volunteer usually works on only one case at a time, so that he/she can devote the necessary time to get to know the children involved and to establish a trusting relationship with them, so that the children will feel comfortable confiding in the CASA regarding their concerns and wishes. CASAs can also assist with supervising custody exchanges or visitation; interviewing caretakers, counsellors and physicians to determine what they know about the children; and gathering records and information about the children. When it is time for a trial or hearing in court, the CASA can be a friendly, neutral person that the children can rely on for comfort in the unknown setting of the courtroom.

In some cases where the law does not require an attorney as Guardian Ad Litem, the court may appoint a CASA volunteer as GAL, to actually represent the child in the courtroom. In other cases, a CASA may be appointed in addition to an attorney GAL, and the two work together to represent the child. When a non-attorney Guardian Ad Litem is appointed without an attorney, the law generally requires that an attorney be available for the non-attorney GAL to consult on legal issues affecting the child. (Note: in Missouri, a CASA who is appointed as Guardian Ad Litem is subject to the same Standards for Guardians Ad Litem as attorney GALs.)

CASA is also the name of a national organization that provides standards and training for local associations of Court Appointed Special Advocates. Here is the National CASA Home Page and CASAnet, which has resources for CASA volunteers and GALs. If you want to find out more about CASA, or apply to serve as a CASA volunteer, you should contact your local CASA association. Here is the national directory with addresses and telephone numbers for local associations. Here is the directory for Missouri CASA Programs. The local association for the south-central Missouri area (including Rolla) is Mid-Ozark CASA, which has offices in the Dent County Judicial Building (phone 573-729-5599) and the Phelps County Courthouse (phone 573-364-1891). Here are some more documents about CASA.

What is Children First?
Children First is an informational program for persons who are dissolving a marriage, who have unemancipated children living at home. (By local court rule in the 25th Judicial Circuit, attendance is mandatory in all divorce cases involving children.) The program is intended to let parents see some of the ways that children are affected by divorce, and especially to help the parents understand that such tactics as attempting to turn the children against the other parent are very harmful to the children's emotional health. The Children First program requires attendance at two evening sessions, watching some videotapes and participating in group discussion. In the south-central Missouri area, the program is administered out of the Salem Treatment Center, but sessions are also available in Rolla and Waynesville. For further information about Children First, call your local courthouse or 800-455-4103.

Miscellaneous Child Advocacy Resources on the Web

Note 4/29/97 : I have another Links page under my website for the Central Missouri Child Advocacy Law Center. Rather than try to continue keeping current information on both that page and this one, I am simply providing a link from here to the Child Advocacy Resource Links page on that website, which has subsections for Child Advocacy Organizations, Child Abuse/Neglect Organizations, Definitions and Articles about Child Abuse/Neglect, Permanency Planning and Foster Care, and Misc. Other Links Related to Representing Children in Court.

Our Rolla/Phelps County Area Resources Page has contact information and web-links for local resources related to child advocacy, child abuse/neglect, domestic violence, emergency services, and legal services.

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