Sat Nov 07 2009
By JACK PALMER
The best interests of minor children are often secondary in the minds of parties to a divorce or other legal proceedings, but not in the minds of judges and magistrates.
"Kids really suffer when marriages break up," said Judge Denise McColley of Henry County Domestic Relations/Juvenile Court. "Sometimes both parents are more concerned about themselves than the children, particularly in higher-conflict cases."
McColley has been a leader around the area and entire state in protecting the interests of children in legal proceedings.
"I frequently appoint a guardian ad litem (GAL), usually an attorney, to advocate for the best interests of the child or children in a domestic relations case," she stated. "Sometimes I may even appoint legal counsel for a child whose actual wishes are significantly different (than the GAL)."
McColley is most known, however, for her use of court-appointed special advocates (CASA), a program she has used for the past 15 years. CASAs are volunteers who are committed to standing up for abused and neglected children involved in the family court system. They seek to discover the best possible outcome to make sure the child is raised in a safe, permanent and nurturing home.
"They must go through 40 hours of training," McColley said of CASA volunteers. "Many are retired teachers or social workers. They report to the court anytime there is a hearing, even if it's a settlement conference."
There are currently 32 volunteers on the CASA roster, hailing from all over Henry County and other places around northwest Ohio including Archbold, Continental, Defiance, Stryker and Wauseon.
"These trained volunteers have worked out well and we're very happy to have them. They give a lot of their time," said McColley. "We think it's been very helpful to the legal process."
Guardians appointed to represent the interests of minor children are also appointed frequently in Defiance County Common Pleas Court, according to Judge Joseph Schmenk.
"Typically the person is a local attorney who is impartial to both the parents," said Schmenk. "Either parent may request that a guardian for the child(ren) be appointed, or the court can appoint someone on its own."
The fee deposit for such a request by either parent is $500.
"Another option is making use of our court investigator, Dan Scribner," said Schmenk. "This is substantially cheaper."
Under either process, the representative's major consideration is the best interests of the child(ren). He or she may speak with school personnel, a child's therapist, or anyone else that he/she considers appropriate to obtaining relevant and necessary information to write a report and/or present evidence on behalf of the child.
"The children are interviewed and so are persons suggested by either parents, within reason," said Schmenk. "We've talked to children as young as 5 and as old as 17. The older and more mature, the more likely the child's wishes will be a determining factor."
Schmenk said the representative will assess the cooperation of parents toward each other.
"If either parent is viewed as being difficult in the visitation process, that is a very negative factor in the determination of custody."
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