Section YAE.08.06 — Appointment Of A Guardian Ad Litem

(a) When the Court determines it appropriate:

(1) A guardian ad litem will be appointed in any case when the Court has special concern for the welfare of a child or when the Court believes a report will assist it with making a determination on the issues that is in the best interests of the child.

(2) A guardian ad litem will likely be appointed in any contested custody or placement case.

(3) A guardian ad litem often will not be appointed when an action is uncontested and in actions to modify existing orders when the modification will not substantially alter the amount of time that a parent spends with a child or other terms of the order.

(4) A party to an action may request that the Court appoint a guardian ad litem; however, the Court is not required to appoint a guardian ad litem if the Court believes that the party has requested the appointment solely for a tactical purpose or for the sole purpose of delay, and not for a purpose that is in the best interest of the child.

(b) The guardian ad litem has none of the rights or duties of a general guardian. The guardian ad litem shall be responsible to:

(1) be an advocate for the best interests of a child;

(2) consider, but shall not be bound by, the wishes of the child or the positions of others as to the best interests of the child; and

(3) investigate the issues and provide a written report with related recommendations to the Court.

(c) If the child is a non-marital child whose paternity has not been established, the guardian ad litem may, on the behalf of the child, bring an action or motion under applicable law to have paternity established.

(d) The guardian ad litem shall be compensated at a rate that the Court determines is reasonable, to be paid by the parties.

(1) The Court may apportion the amount that each party shall pay or assess the cost equally between the parties.

(2) If both parties show that they are indigent and the Court has budgeted funds for the payment of guardian ad litem services, the Court may direct that such costs be paid out such budgeted funds.

(e) Any person who serves as a guardian ad litem for a juvenile must have and maintain an Elder/Youth license in accordance with tribal law.