What Is a Guardian ad Litem?

A guardian ad litem is appointed by a court to represent the best interests of the child in family law proceedings. Guardians ad litem can include attorney guardians and volunteer guardian advocates who work on cases involving allegations of child abuse and neglect, custody disputes, and other family court matters.

Either parent can request a guardian ad litem appointment for their child, or the judge can order the appointment. If you have questions about having an advocate for your children in a court case, contact an experienced child custody attorney.

Who Can Be a Guardian ad Litem?

Some states require a guardian ad litem (GAL) to be a lawyer. Other states may appoint non-lawyers who have specialized training. Some states also use a team-based approach. Teams are a combination of attorneys and community volunteers who work together to represent children in court.

GAL attorneys have formal legal training and experience in family court. They’re also licensed by the state. The requirements to be a non-attorney guardian ad litem can vary by state. Some states have a robust guardian ad litem program. For example, in North Carolina, a GAL advocate is a trained community volunteer who works with a GAL attorney advocate. The application process for GAL advocates includes a screening interview, criminal record checks, and a 30-hour training program.

Similarly, different states and court systems have different standards for when a judge can order a court-appointed GAL. Most states, however, use the parents’ circumstances and income, the specifics of each case, and any history of mental health issues or domestic violence to determine if a trial court should order a GAL to represent the best interests of a child.

Roles and Responsibilities

In family court, a guardian ad litem’s role is to investigate and recommend child custody and visitation arrangements that are in the best interest of the child. The duties and responsibilities of a guardian ad litem may include:

• Investigating and reporting information about the child’s case
• Monitoring parent and family compliance with court orders
• Updating the court on any changes in circumstance or reported problems
• Conducting visitations and site investigations
• Making recommendations to the court
• Reviewing medical records and daycare records

The independent investigations performed by guardians ad litem may not be as extensive as a custody evaluator’s. But it may involve interviews with the parents, children, legal guardian, family members, caregivers, or teachers who have frequent contact with the child.

A guardian ad litem can also investigate parents’ criminal records and look into any complaints that they have about one another. For example, if the mother complains that the father shouldn’t visit with the children overnight because he’s using drugs, the guardian ad litem can recommend court-ordered drug testing for one or both parents.

Contact between a child and guardian ad litem often depends on the child’s age. A guardian ad litem may simply observe children with each of their parents without much interaction with the child. Older children may have the opportunity to speak with a guardian ad litem about their concerns, wants, and needs. While a guardian ad litem advocates for the child’s best interest, they don’t necessarily advocate for what the child wants. This can be an important difference.

Family Court Representation

As child advocates, guardians ad litem also have the power to submit written information to the court, make home visits, and subpoena and question witnesses during court hearings. A guardian can also be appointed for an incapacitated person.

 The guardian may provide representation in a number of legal cases, including:

• Divorce or legal separation
• Creating or modifying parenting plans and visitation arrangements
• Paternity disputes
• Child neglect and abuse
• Foster care
• Parental rights disputes
• Third-party custody disputes

In any child custody or visitation hearing, the guardian ad litem can be an important witness. They will typically submit a written recommendation to the court for review prior to the hearing. While the court isn’t required to follow their recommendation, it can carry a lot of weight with the judge.

Although a guardian ad litem is often from a volunteer program, there may still be costs associated with running the ad litem program. Costs can include paying a program administrator, program staff, and supplies for the program office. The court may order one or both parents to contribute to the cost of the program services, which may be several hundred dollars. Generally, the fees are split, but they also may be allocated based on financial need.

Guardian in Personal Injury Cases

A guardian may be appointed for a child in a personal injury case if the parents aren’t able to represent the minor child. In a personal injury claim where the child suffered an injury, the child’s representative may act in the child’s interests to make sure a settlement offer is acceptable. They will make sure it’s in the best interests of the child to accept an award.

Finding a local and experienced family law attorney is the best way to answer your questions about a guardian ad litem. Laws vary from state to state, and every court and everyone’s circumstances are different. When it comes to your children, there is really nothing more important. So, contact a local and experienced child custody lawyer today.