Guardian ad litem appointed, when, duties
When parents go to court over child custody, visitation, or support, the judge can appoint a guardian ad litem — a person whose job is to represent the child. If abuse or neglect is involved, the judge must appoint one. This person talks to people who know the child, speaks up for the child in court, and can call witnesses. The guardian ad litem gets paid a fee set by the judge, and the parents or public funds may be ordered to pay it.
452.423. appointed, when, duties — , when — fees. — 1. In all s for child or for or where custody, , or support of a child is a contested , the court may appoint a guardian ad litem. Disqualification of a guardian ad litem shall be ed in any legal proceeding only this chapter, upon the of a written by any within ten days of appointment, or within ten days of August 28, 1998, if the appointment occurs prior to August 28, 1998. Each party shall be entitled to one disqualification of a guardian ad litem appointed under this in each proceeding, except a party may be entitled to additional disqualifications of a guardian ad litem for .
2. The court shall appoint a guardian ad litem in any proceeding in which child or is alleged.
3. The guardian ad litem shall:
(1) Be the of the child at the , and may examine, , witnesses and offer ;
(2) Prior to the hearing, conduct all necessary interviews with persons having contact with or knowledge of the child in order to the child's wishes, feelings, attachments and attitudes. If , the child should be interviewed;
(3) Request the to cause a to be filed in the if the guardian ad litem believes the child alleged to be abused or neglected is in danger.
4. The appointing judge shall require the guardian ad litem to faithfully such guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad litem and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the for not giving such preference.
5. The guardian ad litem shall be ed a reasonable fee for such services to be set by the court. The court, , may:
(1) Issue a direct payment order to the parties. If a party fails to comply with the court's direct payment order, the court may find such party to be in ; or
(2) Award such fees as a to be paid by any party to the proceedings or from public funds. Such an award of fees shall constitute a judgment in favor of the guardian ad litem. Such final judgment shall be against the parties in accordance with .
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Source & history notes
(L. 1988 H.B. 1272, et al., A.L. 1990 H.B. 1370, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 910, A.L. 2004 H.B. 1453 merged with S.B. 1211, A.L. 2009 H.B. 481) (2000) Section allowing party to custody or visitation proceeding to disqualify one guardian ad litem as matter of right is constitutional. Suffian v. Usher, 19 S.W.3d 130 (Mo.banc).
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