IN THE PROFESSION
As I have reached each stage with my children personally , it has given me new and meaningful insight into advocating for and advising clients , as well as my guardian ad litem and mediation practices . This personal life experience helps extend compassion and understanding that my younger , child-free self , did not know that I did not know . Experience helps give insight into each family ’ s unique journey into litigation .
First , the family ’ s ability to pay for a guardian ad litem is a consideration , but there are many of us willing to take on pro bono or “ low ” bono cases if the case warrants a GAL but the family does not have the funds . The other consideration is whether the dispute in the family is one that could be resolved by mediation , co-parenting counseling , or a parent coordinator . While a GAL is an excellent way to flush out the child ’ s best interests , not every family needs or can afford protracted litigation . Especially with COVID-19 wreaking havoc on our access to the courts .
As a GAL , and in normal times , prepandemic , it was easier to get access to the children through the schools . That has been the biggest impact in those contested custody cases where perhaps the GAL does not want to meet with the child at home . I have spent some hot Georgia summers in a mask playing or walking in parks with children just to find ways to get their input without the parent in the next room . Home visits were also greatly impacted , with many early in the pandemic being conducted via zoom . While this is fine for some cases , the nuanced information you receive as a GAL from driving to and observing the neighborhood is lost with a zoom call .
Interpreting the shelter-in-place orders were initially challenging early in the pandemic before we received clarity from the bench as to children having “ two homes ” to shelter in place . We saw people using the shelter-in-place order initially to block the other parent ’ s access - some due to valid health concerns , and others are the bad actors keen to use any excuse to deny the other parent parenting time . We saw the same argument we have always seen - to vaccinate or not - rear its head , but we have always had cases where there is a discussion about vaccine schedules , opting out of certain vaccines ( hello HPV vaccine debate on teen girls )! etc .
While many issues are consistent , it is the ability to resolve these issues that has changed . Families will always , unfortunately , deal with addictions , abuse , cheating spouses and how that affects coparenting , financial stressors and simply growing apart . Co-parents still moved out of state , children made elections , child support payors lost income , but these are not new issues . Our legal solutions to these litigation points may have adapted , but for the better .
There are always a few cases , clients , and children in cases that you feel a special connection to , and right now many of the equitable caregiver cases for my same-sex parents are those cases . I just settled one that has been in litigation since 2016 , up and down appeals along the way , and the ability to stop the hurting for this family was the best gift to myself this past year . The ability to remove the threat of appeal and give access to my client ’ s child after all these years is invaluable to my client .
MELODY S . SWILLING Swilling Family Law Firm LLC melody @ swilling familylaw . com
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