A Guardian ad Litem (GAL) is a court-appointed advocate who is responsible for representing a child or incapacitated adult during legal proceedings. Ad litem is a Latin term that means “for the lawsuit,” and the individual assigned to be guardian ad litem has very different duties from those of an attorney; rather than simply acting on a client’s wishes or at their direction, a Guardian ad Litem focuses on what they decide is in the person’s best interests after conducting thorough investigations into the circumstances surrounding a case.
A Guardian ad Litem’s job entails preparing a detailed report and recommendation for the court. Though this is informed by their observations and professional opinions, it is also based on interviews with involved parties and reviewing documents that are relevant to the child’s or incapacitated adult’s case. They may talk with parents, teachers, children, counselors, or doctors, and review medical records, school reports, and other material. They then outline their findings and make recommendations to the court about custody, visitation, or other issues surrounding what is in the child’s best interests. In some instances, they are asked to testify about what they’ve learned and what they’ve based their opinions on.
A Guardian ad Litem is appointed in a variety of situations, but they are most frequently called for in high-conflict custody disputes. These situations range from parents being unable to reach an agreement to those involving substance abuse or neglect. The courts will seek a Guardian ad Litem’s guidance when children voice a strong preference about where they want to live.
Divorce and child custody are not the only circumstance that calls for a Guardian ad Litem. They are often appointed when there are concerns about parental capacity, for children or adults with special needs requiring advocacy, or in situations involving domestic violence. In most cases, it is up to a judge to appoint a Guardian ad Litem based on their discretion, but some courts require their input in all custody arrangements. Whatever the reason they are called in, once they’ve been assigned to a case, they act as the court’s eyes and ears, reporting directly to them, and operating independently rather than on behalf of either party involved in the litigation.
If you are enmeshed in a contentious family law matter, guidance from an experienced, compassionate attorney can be invaluable. To set up a time to speak with one of our lawyers, contact us today.