1976, February, Pg. 192. FAMILY LAW NEWSLETTER.

5 Colo.Law. 192

Colorado Lawyer

1976.

1976, February, Pg. 192.

FAMILY LAW NEWSLETTER

192FAMILY LAW NEWSLETTERAppointment of Guardians ad Litem

Approximately one year ago, Denver District Court Judge Clifton Flowers inaugurated a local rule in his court wherein a guardian ad litem (GAL) would be appointed to represent the child or children in all custody cases. Judge Flowers extended this local rule to include appointment of a GAL in dissolution actions where the paternity of any child is in dispute. Apparently, Judge Flowers utilized the inherent power of the court to appoint a GAL and did not utilize or exercise the power granted by statute, C.R.S. 1973, § 14-10-116 as amended. Other courts within the state of Colorado, notably Arapahoe County, have utilized appointments pursuant to this statutory provision, which states: "the Court may upon motion of either party, or upon its own motion, appoint an attorney to represent the interests of the minor child or dependent child with respect to his custody, support, and visitation. . . ."

The distinction between appointment as a GAL and an appointment pursuant to the above statute as an attorney to represent the minor child will not be discussed nor shall it be a subject of this article, inasmuch as there are tremendous differences between a GAL and an attorney appointed to represent a child.

The purpose of this article is to aid attorneys not familiar with the duties of a GAL who are appointed. The following can be a checklist to be utilized by those who have been appointed as GALs or other attorneys who have a GAL interjected into their domestic relations or juvenile court cases.

C.R.S. 1973, § 19-10-108 as amended gives some insight as to the duties and charges of a guardian ad litem in the juvenile courts and can be utilized and applied to all appointments of guardians ad litem. Specifically, the GAL according to this statute is given access to all reports relative to the case made to or by any agency or any person and to reports and examinations of the child's parents or other custodians. The GAL is charged with the representation of the child's interests. The GAL shall make investigations as are deemed necessary to ascertain the facts, to interview witnesses, to examine and cross-examine witnesses at all hearings, to make recommendations to the court concerning the...