Is there a difference between an ad litem and a parenting specialist?
Full Question:
Answer:
If parents are unable to agree regarding the permanent allocation of parental rights and responsibilities of their children, an investigation is required. The investigation may be initiated by: 1) a Decision or Order of the Magistrate, 2) an Order by the Judge or, 3) an Agreed Entry between the parties. A parenting specialist will investigate these cases. When applicable, Shared Parenting Plans must be submitted to the parenting specialist at the commencement of the investigation. The parenting specialist will then make a recommendation regarding the suitability of shared parenting. When assigned a case, the parenting Specialist will meet with the parties and evaluate the possibility of mediation and referral or settlement. If mediation is ordered, the Parenting Specialist will stay the investigation up to ninety (90) days.
A Guardian Ad Litem must be an attorney in good standing with the Supreme Court of Ohio. He/she must have engaged in the practice of law in excess of three years. The role of the Guardian Ad Litem is to act for the benefit of the child or children. The Guardian is not a mediator, an arbitrator, a facilitator or an intermediary. The responsibilities of the Guardian Ad Litem include: a) Determination of the reasoning ability of the child(ren); b) Submission of written recommendations (upon request by the Court to the attorneys and the Court as to the best interest of the child(ren); c) If mediation occurs after the Guardian is appointed, the investigation of the Guardian Ad Litem is stayed. The Guardian may participate in the mediation process upon request of the mediator if such participation appears to be beneficial. Any agreement reached in mediation which is reviewed by the attorneys for the parties shall also be reviewed by the Guardian before submission to the Court. The Guardians role remains the same whether the case involves shared parenting or residential parent with custodian rights issues.