Legal Advocate and Guardian
Suzanne Whitaker has served as a “guardian ad litem” in hundreds of cases in juvenile, probate, and superior courts in Henry County,
Clayton County, and Fulton County. She is a partner in Henry Guardian Advocates, LLC, a specialty firm focusing on child welfare law, and is a
member of the Georgia Association of Counsel for Children as well as the National Association of Counsel for Children.
What is a guardian ad litem?
In Georgia, a “guardian ad litem” is a specially trained attorney or lay advocate who functions as an investigator and advisor to the Court,
and also serves as an expert witness during litigation. A guardian ad litem is specifically chosen to assist the court regarding child custody
and child support in Georgia’s Superior Courts and Juvenile Courts. A guardian ad litem also serves as an expert witness to determine the best
interests of incapacitated adults in Georgia’s Probate Courts.
When is a guardian ad litem needed?
Any party may request a guardian ad litem, or the Court may determine on its own that children or incapacitated adults need
representation of their own. Many children experience a great deal of stress and pressure in custody proceedings, and having a “voice” of their own –
an advocate for their interests – helps them feel that the court is truly taking their needs into consideration and lessening the parental conflict
focused on their custody. Use of a guardian ad litem levels the playing field in many domestic relations cases, especially where the
wellbeing of children is concerned. An attorney-advocate can assist the family and the court in determining what is the best custody, visitation,
and child support arrangement for the children.
The ultimate responsibility for determining child custody vests in the judge, and either a judge or a jury will decide contested
issues of child support, unless the case is settled through mediation or decided in arbitration. A guardian ad litem is often
appointed by the Court for contested child custody or child support cases to formulate an opinion of the best interests of the child
(or incapacitated adult) and the guardian makes a written recommendation and/or presents verbal testimony to the court.
Guardians ad litem undergo extensive training in family law, deprivation and dependency law, juvenile delinquency law,
mental health, domestic violence, family systems therapy, child development, child abuse and neglect, elder law, public benefits law, and education law.
If you are interested in retaining Ms. Whitaker as a legal advocate or guardian, please contact her office.