Standing in the Shoes of the Child: Attorney Ad Litem
Attorney Ad Litem (AAL) are attorneys that represent children in custody matters. AALs may be appointed in domestic relations cases and guardianship cases when custody is an issue. The AAL represents the best interest of the children. They must complete special training and approval to be an AAL.
AALs Duties/Standards
*Review all documents and records.
*Interview child(ren)
*Interview parents
*Interview others that know what's going on to help in the case of the child(ren)
*Regular contact with the child(ren) while waiting for the court’s decision.
The factors that help make AALs choose what’s best for the child.
* Good fit factors: honesty, character, feelings, self-control, religion, and relationships.
* Safety factors: emotional, work, financial, housing and school stability, health, and partner.
* Love and care factors: attention given, discipline, feelings toward education, and social attitude. Feelings toward the whereabouts of the other party to the child, and feelings toward working together with the other party for the child’s needs.
Other important information regarding the child such as stated choices, age, sex, health, testing and evaluation, and childcare. They will need home information such as its location, size, and who is living there.
[Ark. Admin. Order No. 15.1 Section 5(b)]
AALs are at all hearings, help in all discoveries, and prepare the case on behalf of the child(ren). AALs make suggestions to the court. These suggestions may be in a written report form taking into evidence, free from any challenges in court, as it is a need under suggestion Order No. 15.1, Section 5(f)
Suggestions may be verbal. All suggestions must be communicated to the attorneys or to the pro se parties. Courts tend to accept AAL suggestions in ruling for custody. The AAL is the child(ren)’s attorney and represents their best interest. They have to review all up-to-date medical, educational, and mental records. They are the eyes and ears of the court for the child’s best interest. AALs have more access to documents than the parties’ attorneys do.
AALs are allowed to share with the court all information needed for the best interest of the child(ren) and no privilege (including lawyer-client privilege) shall stop an AAL from sharing such information with the court.
Funding and Helpful Information for AAL
Who pays for the AAL? The funds for AAL come from private pay, AOC funds, and Lower billable hour fees. The hourly fees are typically 125.00 dollars as of July 1, 2023.
Helpful ways to help them out are by preparing a small binder or folder with copies of the child’s report cards, photos of them, and other important information you want to share with the AAL. Make sure to only provide the Aal with copies of all documents, rather than originals. Please do not be afraid to reach out directly to the AAL and set up a time for the AAL to meet with the child(ren) right away.
AUTHOR: JORDAN DAVIS, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES