Ind. Porter Cnty. Local Rule LR64-FL00-2400

LR64-FL00-2400.1 Definition. An individual appointed by the Court under I.C.

31-1-11.5-28(b); I.C. 31-15-6-1; I.C. 31-17-6-1 or by Order of Court.

LR64-FL00-2400.2 When appointed. The Court shall appoint a Guardian at

Litem. Whenever the Court is required to do so by statute, or whenever the Court finds in its

discretion that it is appropriate to appoint a Guardian Ad Litem to do so, the Guardian Ad Litem

then becomes a party and anything to be served on the opposing party shall also be served on the

Guardian Ad Litem.

LR64-FL00-2400.3 Duties. The Guardian Ad Litem shall:

(1) Perform all duties required by law which includes to protect the best interests of the

child(ren); and

(2) Submit a written report of his or her finding to the Court prior to the matter being heard

by the Court. The attorneys and self-represented litigants shall receive notice of the filing of the

report and may inspect same upon notice to the Court.

LR64-FL00-2400.4 How appointed.

(1) Where one or both parties request and/or where the Court has determined a

Guardian Ad Litem should be appointed to protect the best interest of the child(ren), the parties

shall within the time set by the Court, select a Guardian Ad Litem.

(2) In the event the parties fail to select a Guardian Ad Litem within the time determined

by the Court, the Court shall name a three-person panel.

(3) Unless the Court instructs otherwise, after the Court has named the panel, the party

listed on the case caption as Petitioner, shall within three (3) days, strike first. Respondent shall,

within three (3) days thereafter, strike from the remaining two (2) persons. The remaining

person is the court appointed Guardian Ad Litem, subject to that person=s acceptance.

(a) in the event either party should fail to strike within the time frame provided, they have

waived their opportunity to strike and the other party may strike in their place.

(b) Should both parties fail to strike, the first named person on the list is appointed

Guardian Ad Litem, subject to acceptance.

LR64-FL00-2400.5 Fees.

(1) When a Guardian Ad Litem is selected, the Court shall order each party to pay a lump sum in

the Clerk of Court, to the prospective Guardian Ad Litem, or into the trust account of one of

the party’s attorneys, to be held for payment of Guardian Ad Litem fees.

(2) The Guardian Ad Litem shall file a fee affidavit or motion with the Court if the Guardian Ad

Litem needs additional fees to bring the fees current or to cover fees anticipated for the

completion of the investigation, preparation of the report or appearance in court.

(3) The Court may order the parties to pay additional monies into the Clerk, directly to the Guardian

At Litem or into the trust account of Counsel as it becomes necessary.

(4) The Court may reapportion the total costs at the time of disposition.

LR64-FL00-2400.6 Term of Service.

(1) The Guardian Ad Litem shall serve in such capacity until such time as discharged by the Court.

(2) The Guardian Ad Litem may, at anytime, request that he or she be relieved of their

duties.

(3) The parties may request that a Guardian Ad Litem be removed and it will be within the Court=s

discretion whether just cause exists for such removal.

LR64-FL00-2400.7 Form of Order. Whenever a Guardian Ad Litem is appointed the

Appointment of Guardian Ad Litem Order (See Appendix D) shall be prepared and

submitted for approval of the Court.