The Role of a Guardian Ad Litem in Family Court

California’s family courts place a high priority on the safety and welfare of children. In certain situations, particularly with high-conflict child custody cases or that involve allegations of abuse, a judge may appoint a guardian ad litem (GAL) to advocate for the child’s best interests.

A GAL can potentially be assigned to any case, so parents should understand the role of a guardian ad litem — when one is necessary and what to expect during the process. Knowledge in this area can help families navigate the court system more effectively.

What Does a Guardian Ad Litem Do?

A guardian ad litem is a neutral third party appointed by the court to investigate and represent the best interests of a child involved in a family law dispute. The GAL is essentially the advocate for the child or children involved in a family court case.

This does not mean that the GAL is the attorney for the child. Rather, the GAL gathers information about the child’s home life and relationship with both parents so the courts have objective information about the child’s welfare.

To perform their job, the GAL conducts investigations by interviewing the parties involved and speaking with teachers, parents, medical professionals, and even the child themselves, depending on the child’s age and maturity.

The GAL may also review medical records, school reports, and other relevant documentation to build a complete picture of the child’s situation. After their investigation, the GAL presents a report to the court with recommendations that focus on what will serve the child’s emotional, physical, and developmental well-being.

When Do I Need a Guardian Ad Litem?

In divorces and child custody cases where there is not high conflict between the parents or allegations that either parent was neglectful or abusive to their child, a GAL will not likely be needed. A guardian ad litem is typically appointed in cases where the court is concerned about the child’s welfare or when parents cannot agree on custody or visitation arrangements.

Common situations that require the involvement of a GAL include allegations of child abuse, neglect, or domestic violence. If the courts have concerns about either parent having substance abuse problems or mental health concerns, a GAL may be appointed by a judge to help with fact-finding.

In high-conflict custody cases, where both parents are deeply entrenched in their positions and unable to compromise, a GAL can be appointed to provide an impartial perspective on what arrangement would truly benefit the child.

A GAL can give children a voice in court while sparing them from having to speak directly in court. This can reduce the stress on the child while allowing their insights and feelings to be heard by the court.

Either party in child custody or divorce cases can request a guardian ad litem. It is often up to the court to decide whether one is needed. When making decisions, judges weigh the complexities of the case and the child’s specific needs when making this determination.

What To Expect When Working With a Guardian Ad Litem

If a judge appoints a guardian ad litem to your case, you should expect the GAL to conduct a thorough investigation into aspects of the child’s life. The GAL meets with both parents separately and takes notes about what each party says. They often speak with individuals involved in the child’s life as well, such as doctors, teachers, and friends of the family. The goal is to gather a well-rounded view of the child’s needs and living conditions.

Once their investigation is complete, the GAL will compile their findings into a report that includes recommendations to the court. This report plays a significant role in the court’s final decisions on custody and visitation, although it is not the sole determining factor. Judges consider the GAL’s input alongside other evidence presented during the case.

Some parents may feel distrustful about having someone assigned to assess their fitness to be a parent. GALs take their roles as neutral observers seriously. By cooperating with the GAL’s work, you can improve the chances that they fully understand where you are coming from. It is not advisable to try to persuade the GAL that the other parent is a danger unless there is credible evidence to back that claim.

FAQs

Q: Who Pays for the Guardian Ad Litem?

A: GALs are typically paid by both parties to a divorce. The fees are typically split evenly. In some jurisdictions, if the parents cannot afford a GAL, the court may appoint one at no cost, funded by the state or legal aid. GALs are often paid upfront through a lump sum that is divided between both parties. The work of a GAL may need to be extended in some cases. If so, the judge may approve the extra time that both parents will need to pay for.

Q: What Should I Do if the Guardian Ad Litem Is Not Being Neutral?

A: If you believe that any part of the court process is not being administered fairly by the courts or a court-appointed official, you should notify your lawyer. Attorneys, judges, and GALs must abide by certain principles and ethical guidelines. Your lawyer can ask the judge to appoint a new GAL if the misconduct is serious enough.

Q: Does a Judge Have to Follow the Advice of a Guardian Ad Litem?

A: Judges are not obligated to follow the advice of a guardian ad litem. They generally consider the final report of a GAL to be an important source of evidence when making child custody determinations and other important decisions. It is highly advisable to take the GAL’s investigation seriously and to cooperate with the appointed GAL.

Q: Who Chooses the Guardian Ad Litem?

A: The judge presiding over a case ultimately decides who they appoint as a GAL. Counties maintain lists of qualified GALs, and the judge commonly appoints one from that list. In some cases, when both parties agree on a preferred GAL, the judge may consider that recommendation. Ultimately, the court is responsible for making sure that anyone appointed as a GAL is qualified, impartial, and capable of performing the job.

Schedule Your Child Custody Consultation Today

A guardian ad litem can play a pivotal role in family court cases involving children by representing the child’s best interests and providing the court with valuable insights. Understanding what a GAL does, when they are needed, and how to work with one can help parents navigate the process with greater clarity.

While the presence of a GAL may seem daunting, their involvement ultimately serves to protect and prioritize the well-being of the most vulnerable party in the case: the child. If you have any questions or concerns about the GAL process, Bickford Blado & Botros is here to help. Contact our office today to schedule your consultation.

 

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