The Role of Guardians ad Litem in Family Court Matters

In family court matters, a Guardian ad Litem (“GAL”) is an attorney who is appointed by the Judge to represent the concept of the “Best Interest of the Child.” This is different and easily confused with “representing the child.” It is important that the GAL provides the child the opportunity to have a voice and make that child’s voice known. However, it is equally as important that the GAL make it clear to the parties and the child that the child does not have the benefit or the burden of making the choice in these matters.

Further (and unlike a mediator), the GAL does not have to remain neutral in a matter. This means that the GAL’s recommendation may align with one parent’s position and not the other parent’s if the independent evaluation and investigation that was conducted by the GAL leads him/her to that position.

The appointed GAL has a duty to be a part of and approve all decisions that impact custody, placement, paternity, support, sharing of variable expenses, tax exemptions, school attendance, therapy, daycare, health care, transportation, extracurricular activities, insurance, uninsured expenses, child support or any other issue which affects the best interests of the child.

While the GAL is expected to advocate for the best interests of the child, the GAL is not expected to be a private investigator, social worker, therapist, etc. As a legal advocate, the GAL may file motions on behalf of the best interest of the child, referring the child or other members of the family to therapy or counseling, or requesting psychological evaluations of the parties and/or the child.

The GAL should convey recommendations to the parties and/or their counsel before court (if possible) and should provide a brief status of the work that is being done on the case at each court appearance.

The GAL should work with the parties to attempt to resolve the issues related to the children outside of court, as there are almost no circumstances where a trial on these issues is in the best interests of the child.

Since Guardians ad Litem are appointed by the Judge on your matter, you often do not have a say as to which GAL is assigned to your case. However, with any GAL it is important to cooperate with his/her investigation, and to present all information and evidence that you believe the GAL must know in order to make a sound recommendation for the best interests of the child.

If you are considering a court action that will eventually involve a Guardian ad Litem or you are in the middle of a court action involving a Guardian ad Litem, please feel free to contact our office at (414) 258-1644 for a free consultation to discuss how to best prepare for and navigate a GAL investigation.