Child and Family Investigator

In domestic cases, including divorce, legal separation, and allocation of parental responsibility (custody) cases, the court may appoint a child and family investigator ("CFI") to investigate and make recommendations to the court regarding the child’s best interests. The CFI may, but need not, be an attorney. The CFI must report the child’s wishes to the court, as well as the CFI’s recommendations. If a party determines it is appropriate, he or she may subpoena the CFI to testify during court hearings regarding the best interests of the child.

Children’s Legal Representative

In domestic cases, including divorce, legal separation, and allocation of parental responsibility (custody) cases, the court may appoint a children’s legal representative to serve as attorney and advocate for the best interests of the child. The child’s legal representative must be an attorney and may not be called to testify in court.

Guardian ad Litem

In dependency and neglect, paternity, adoption, probate, guardianship, and delinquency proceedings, the court may, and in some cases must, appoint an attorney to serve as guardian ad litem ("GAL") for the child. In these cases, the role of child and family investigator and children’s legal representative are blended, and the guardian ad litem may serve as attorney and also be called to testify in court.

The children’s advocate helps to minimize the stress to the child.

The services of a children’s advocate are usually sought by the parties, their attorneys, or the judge during a contentious case in which the parties are headed for a showdown in court. The risk in these cases is that the adults will advocate for their own needs, and the child’s needs will be lost in the shuffle. The children’s advocate helps to minimize the stress to the child by meeting with the child outside of court and avoiding the need for the child to testify or confer with the judge. The children’s advocate helps to ensure that the court has high-quality, independent information about the children upon which to base its decisions.

The child’s advocate balances objectivity and compassion while learning and documenting the child’s needs, and listening to his or her concerns and desires. The child’s advocate meets the child and the parties, and researches the child’s situation through interviews with teachers, counselors, doctors, and others who are involved with the child, if appropriate within the court’s mandated time limits. The child’s advocate usually writes a report documenting the circumstances effecting the child’s best interests, the child’s wishes, and the advocate’s recommendations regarding the best interests of the child. Because the advocate is neutral and focused on the child’s needs, this report is usually given serious consideration by the court. Often, the advocate’s involvement is significant in leading the parties to reach a child-focused solution outside of court.