Ind. Allen Cnty. Fam. Local Rule LR02-FL00-27

Cases

A. Definition of Guardian Ad Litem. An individual appointed by the Court

pursuant to I.C. 31-15-6-1; I.C. 31-17-6-1 or by Order of the Court. See also I.C.

31-9-2-50.

B. Appointment. When the Court is required by statute, or when the Court,

in its discretion, finds that it is appropriate to do so, the Court Shall appoint

guardian ad litem. The guardian ad litem shall be a party to the proceeding.

C. Duties. The guardian ad litem’s duties shall include:

1. Performance of all duties required by law, which include to represent and

protect the best interests of the child(ren); and

2. When possible, submit a written report of the guardian ad litem’s

findings and recommendations to the Court prior to the matter being heard by

the Court. The attorneys and

pro se litigants shall receive a copy of the report in accordance with the applicable

Trial Rules regarding service.

D. Fees All guardian ad litem fees must be submitted to the Court for approval.

The Court may order the parties to pay a retainer to the guardian ad litem to be

held in trust pending approval of guardian ad litem fees. The amount of the retainer

and allocation of payment between the parties shall be determined by the Court

based upon all relevant factors. The Court may order an

additional retainer or fees to be paid by the parties to the guardian ad litem during

the pendency of the case, and the Court may reallocate the parties’ share of the

total guardian ad litem fees at the conclusion of the case or other appropriate

time.

E. Term of Service The guardian ad litem shall serve until discharged by

Court order. The guardian ad litem may at anytime petition for removal from

service. The parties may also petition for removal of the guardian ad litem. It

shall be within the Court’s discretion whether just cause exists for such

removal.