In Pennsylvania family law, the primary focus in all issues related to child custody is the child’s well-being. When disputes or concerns come up about a child’s best interests, safety, or ability to express their needs, the court has the option of appointing what is known as a Guardian ad Litem (GAL). A GAL is either an attorney or an individual who is otherwise qualified to represent the child’s best interests throughout the legal process.
Though a GAL represents what’s in the child’s interest, their role is not the same as being the child’s personal lawyer. An attorney for the child would advocate for what the child says they want, while a GAL’s job is to investigate and recommend what they believe is in the child’s best interests, even if that differs from what the child says they want. The GAL’s responsibility is to act as an independent voice that helps the court gain a clearer understanding of what the child needs, the situation in their home environment, and the various relationships in the child’s life.
Once a Guardian ad Litem is appointed, their first task is to conduct a thorough investigation of all the aspects of the child’s life that are pertinent to a custody decision. This typically involves meeting with the child, the parents, and any other significant individuals in the child’s life, such as teachers, caregivers, or counselors. The GAL may review medical and school records, visit the child’s home to observe the living conditions there, and speak with anyone who can provide relevant insight into the child’s overall well-being. The goal of these interviews and visits is to ensure that the GAL’s recommendations are based on a complete and balanced picture.
After the GAL has gathered as much information as they feel provides a full picture of the situation, they submit their findings and recommendations to the court. Their recommendations may address where or with whom they think it best for the child to live, what visitation arrangements are most appropriate, and what additional services or protections might be needed. While there’s no requirement that the court follow their recommendations, judges often give the GAL’s opinions considerable weight because they’ve been made following an independent investigation.
A GAL’s involvement can be especially valuable in high-conflict custody cases, situations where there have been allegations of abuse or neglect, or cases where the child is too young or otherwise unable to speak for themselves. The GAL’s exclusive focus on the child’s welfare rather than what either parent wants provides the court with an objective perspective.
In Pennsylvania family law cases, the Guardian ad Litem provides a strong and impartial advocate looking out for the child’s best interests, stability, safety, and healthy development. If you have more questions about child custody or other issues surrounding divorce, contact our experienced family law attorneys today.