What Is an Attorney Ad Litem — and Why Your Family Law Case May Need One
A court-appointed voice for children in custody, guardianship, and adoption proceedings
By Buffie Merryman & Tim Watson Jr. | MGW Law Partners | Fayetteville, AR
If you’re navigating a family law case in which children are involved, you may hear the term attorney ad litem for the first time. It sounds complex — and the Latin origin doesn’t help — but the role is both straightforward and critically important to the outcome of your case.
At MGW Law Partners, our attorneys handle a wide range of family law matters in Fayetteville, AR and surrounding areas. Buffie Merryman, attorney ad litem, regularly serves in this court-appointed capacity, while Tim Watson Jr. advises clients across family law, civil litigation, and more.
Watch: Buffie Merryman and Tim Watson Jr. explain the attorney their roles on air:
What Does “Attorney Ad Litem” Mean?
The phrase ad litem is Latin for “for the suit” or “for the lawsuit.” In practical terms, an attorney ad litem is a licensed attorney who is appointed by a judge to represent and investigate the best interests of a party — most often a minor child — who cannot fully represent themselves in legal proceedings.
“It’s a Latin phrase, but it translates to ‘for the suit’ or ‘for the lawsuit.’ And in a very broad sense, it means someone who the court or the judge appoints to help resolve a matter or resolve a case.”
— Buffie Merryman, Attorney, MGW Law Partners
What Types of Cases Involve an Attorney “Ad-Litem”?
The most commonly appointed in three types of family law cases:
- Child custody disputes — when divorcing or separating parents cannot agree on a parenting or custody schedule for their children
- Guardianship cases — when a court must determine who should legally care for a minor or incapacitated individual
- Adoption proceedings — to ensure the child’s interests are independently represented during the legal process
What Does an Attorney Ad Litem Actually Do?
Once appointed, an attorney ad litem begins a thorough investigation. This is not a passive role. The process gives the court an independent, well-researched picture of what is truly in the child’s best interest — separate from what either parent may claim.
The investigation typically includes:
- Reviewing the full case file before meeting with any parties
- Conducting interviews with both parents to establish context
- Building rapport with children through age-appropriate conversations — the approach with a four-year-old is very different from that with a seventeen-year-old
- Contacting schools, counselors, grandparents, and coaches
- Reviewing medical reports and other relevant documentation
- Gathering any additional evidence related to the child’s wellbeing
“I always tell parents — overinform me rather than underinform me.”
— Buffie Merryman, MGW Law Partners
The more context an attorney has, the more thorough and accurate the recommendation to the court. To learn more about Buffie Merryman’s background and approach, visit her attorney profile.
How Long Does the Process Take?
The timeline for an attorney ad litem appointment varies widely based on the complexity of the case and the willingness of both parties to cooperate. Some cases resolve in a matter of days or weeks when parents reach an agreement quickly. Others — particularly high-conflict custody disputes — can extend for years.
“It really runs the gamut. Some cases I get on and the parties decide pretty quickly that they can resolve it and it might last a week. And I’ve got one coming up that I’ve been on for over three years.”
— Buffie Merryman, MGW Law Partners
Expert Family Law Attorneys
When you’re searching for a family law attorney or trying to understand a complex legal concept like attorney ad litem, you deserve guidance from people with real-world, hands-on experience. Tim Watson Jr. and Buffie Merryman at MGW Law Partners bring years of direct courtroom and case experience to every matter they handle. The insights on this page come directly from active legal practice, not theory.
Related Legal Services at MGW Law Partners
Family law matters often intersect with other areas of law. If you or a family member in the Fayetteville, AR area has been harmed due to negligence in a medical setting, our team can connect you with our Fayetteville medical malpractice attorneys — particularly relevant in guardianship cases where a child or incapacitated person’s injury is at issue.
When Should You Ask About an Attorney Ad Litem?
If you are involved in a divorce with children, a contested child custody case, a guardianship proceeding, or an adoption in the Fayetteville, AR area, and you’re concerned that a child’s voice isn’t being heard, speak with a qualified family law attorney. In many jurisdictions, you can request that the court appoint an attorney — or the court may do so on its own motion. Contact MGW Law Partners to discuss your situation.
Meet the Attorneys
Buffie Merryman — Attorney Ad Litem, Family Law — MGW Law Partners, Fayetteville, AR
Tim Watson Jr. — Family Law, Civil Litigation — MGW Law Partners, Fayetteville, AR
Frequently Asked Questions
Who pays for the attorney ad litem in a family law case?
In most family law cases, the court orders both parties to share the cost of the attorney, often splitting fees equally. Where there is a significant income disparity, the judge may assign a greater portion to one party. If a party cannot afford representation, the court may reduce or waive the fees. Tim Watson Jr. can advise you on how costs are typically handled in your jurisdiction.
Does an attorney ad-litem represent the child, or the child’s best interests?
An attorney ad-litem represents the legal best interests of the child — which may not always align with what the child personally wants. For example, a child may prefer to live with one parent, but the investigation may reveal that arrangement is not in the child’s best interest. This is distinct from a guardian ad litem, who is a non-attorney advocate. Buffie Merryman balances the child’s expressed wishes with all gathered evidence when making her recommendation to the court.
Can I request that an attorney ad litem be appointed to my case?
Yes. Either party’s attorney can petition the court for the appointment of an attorney ad litem, and courts may also appoint one on their own motion when children’s welfare is at stake. If you are involved in a contested custody dispute, guardianship case, or adoption proceeding in the Fayetteville, AR area, speak with Tim Watson Jr. or Buffie Merryman at MGW Law Partners about making that motion.
What is the difference between an attorney ad litem and a guardian ad litem?
A guardian ad litem is typically a trained volunteer or social worker — not a licensed attorney — who investigates and reports to the court on the child’s wellbeing. An attorney ad litem, like Buffie Merryman, is a licensed lawyer who can file motions, conduct legal discovery, cross-examine witnesses, and make formal legal arguments on the child’s behalf. In complex or high-conflict cases, having an attorney ad litem provides a higher level of legal advocacy for the child.
How does a medical issue affect a family law or guardianship case?
Medical records and health history are often central evidence in family law cases and guardianship proceedings. If a child or incapacitated person’s condition was caused or worsened by medical negligence, that history becomes significant — both for custody determinations and potential legal action. Our firm’s Fayetteville medical malpractice attorneys work in coordination with our family law team to ensure no aspect of your case is overlooked. Tim Watson Jr. can help you understand how these two areas of law may intersect in your situation.