If you are party to a custody or parenting-time case in Kentucky, you may have head the term “Friend of Court,” or “FOC”. What is a Friend of Court, and how does it affect your case?
An FOC is often an attorney appointed by the judge to investigate your situation and make recommendations to the court. Their role is to gather information about your family and help the court make decisions about issues such as custody, parenting time, and visitation.
Under FCRPP 6, the family court has the authority to order things like custody evaluations, psychological assessments, family counseling, or even the appoint of a guardian ad litem (also called a GAL) for the child. All of this assists the family court in ensuring the child’s best interests are considered.
The person serving as the FOC does not represent you, your co-parent, or your child. They may visit each parent’s home, talk to both parents separately, and meet with the child. They might ask questions about school, routines, parenting approaches, or other day-to-day matters. After they gather this information, they submit their findings and recommendations to the judge in writing.
If an FOC’s report is used as evidence in court, each party has the right to question the FOC about their report. This is a matter of due process, and denying that right is unconstitutional.
It is also important to understand the difference between an FOC and a Guardian ad Litem (“GAL”). A GAL is a lawyer appointed to advocate for your child’s best interest in court. Unlike an FOC, a GAL does not investigate, submit a report, or make recommendations to the court. . In contrast, the FOC does not represent anyone. Their only role is to provide the judge with additional information and recommendations, not to advocate for the child, or either parent.
If the court appoints a FOC in your case, it just means the court wants more information before making decisions about your child. Your best approach is to be honest, respectful, and cooperative. If the investigator visits your home, try to provide a calm, safe environment. If they ask questions about parenting, focus on your child’s needs and how you meet them. If the report is used in court and you disagree with something in it, your attorney can help you ask the right questions to challenge those findings.
Although the FOC does not make decisions about your family, only recommendations, judges often give FOC’s reports a lot of weight when weighing the evidence. This is why it is important to understand their role and respond in a thoughtful, informed way.
If you are involved in a custody case and the court has appointed an FOC, an experienced family law attorney can help you understand how the role works and prepare for it.