There are the complicating factors that I referred to in a previous article. As I have said before, a Guardian ad Litem is NOT appointed in every case. The court has to see some reason for concern for the child’s welfare. Some of the more common complicating factors include alcohol issues, illegal drug issues, prescription drug abuse, and physical abuse or threats of physical harm.
The court and the opposing attorneys can find out about these in a few ways. Some of the more common ways are Orders of Protection, Police Reports, DWI and DUI convictions, and other times where the law creates a record of one of the activities mentioned above. Another common way is that one party accuses the other and then a drug test is ordered.