A Guardian Ad Litem, abbreviated as GAL, is a person appointed by the court in a high-conflict custody battle to represent the interests of the child.
Under civil practice and procedure, Florida Statutes §61.403 defines the Guardian Ad Litem as the next friend of the child, investigator, or evaluator who acts in the best interests of the child.
The Guardian Ad Litem is not an advocate or a lawyer of a child but a friend of the child who stands for his or her best interests in court. He or she investigates and evaluates matters before making recommendations to the court regarding a child custody case.
In most cases, a Guardian Ad Litem is an attorney or a qualified expert who has had extra training and experience in matters regarding family court and child custody.
The appointment of Guardian Ad Litem by the court is necessitated by reasonable cause if the judge suspects parenting issues need investigation such as cases of domestic violence, neglect and abuse, and drug abuse by parents or guardians among other issues.
Either party may also request the judge to appoint a Guardian Ad Litem to investigate matters regarding the child.
Also, the GAL may communicate directly with the judge on matters at hand. This also depends on the nature of the case and the jurisdiction of the county or state.
Conducts Independent Investigations
As mentioned, a Guardian Ad Litem is not a child’s lawyer or an attorney since he or she does not advocate for what the child wants. Rather, he or she conducts investigations and evaluates the matter before making recommendations to the court on what best suits the child regarding custody. While conducting the investigations, a GAL does the following:
Speaks with The Child
The investigations that are done by the GAL are in-depth and seek to understand the issues that surround child custody.
As a friend of the child, guardian ad litem may want to understand the schedule or the routine of the child regarding different issues that they are engaged in such as schooling, and extracurricular activities that they are involved in.
What the GAL may ask the child will depend on the nature of the case, and whether there are cases of neglect, abuse, or violence that have been reported.
Interviews the Parents, Potential Guardians, or Caretakers
The work of any investigator is to find as much information as possible regarding a matter under investigation.
For child custody, a GAL may ask several questions to the parents of the child, the potential guardians of the child, and the caretakers. These questions revolve around parental responsibilities, time-sharing, decision making, child alienation, and relocation issues.
As an investigator, he or she may also want to talk to the child’s teachers, doctors, grandparents, therapists, or any other person who may be involved in the life of the child directly or indirectly.
Speaks with The Parents’ Attorneys
The attorneys are the point of reference for guardian ad litem, he or she may want to obtain some important records or information from the attorneys about the case.
Reviews Relevant Documents
The GAL is also tasked with reviewing relevant case documents to understand the nature of the case and carry independent investigations as directed by the judge.
The GAL is given access to documents that have been filed by the parents, schools, doctors, counselors, family members, witnesses or third parties, and may also obtain other relevant documents in consultation with each party’s attorney.
This is a crucial stage for any guardian ad litem in finding out the critical issues that are affecting the child’s situation.
Participates in The Case
a GAL also participates in the case but does not represent any purpose apart from the child’s best interests. He or she attends case staffing and conferences, and always keeps current on case progress. After monitoring the child’s case, he or she makes recommendations regarding:
- Suspected abuse of the child and possible solutions.
- The best interests of the child.
- Child support recommendations.
- Child needs and protection.
As an investigator, the Guardian ad Litem will be present in case hearings on matters regarding the child, and may also be tasked to conduct mediations.
While participating in the case, it is worth noting that a GAL does not legally represent the child.
They cannot file any motions on behalf of the children, they are only looking after the interests of the child, as directed by the judge.
Maintains Contact with The Child’s Service Providers
Guardian ad litems, while performing investigations regarding child custody, may want to work with the service providers who are involved in the life of the child.
These include daycare providers, healthcare professionals, and teachers among others. These people are crucial when it comes to understanding the children’s day to day routine and overall well being.
As an investigator of the court, a GAL will interview all these parties and evaluate the responses from the service providers to understand the level of involvement of each of the parents before making recommendations to the court.
In some instances, the Guardian ad Litem may report cases of child abuse by any of the parents to child protection service providers. The GAL will also assess the impacts and the long-range effects of those abuses on the life of the child.
In addition, the Guardian ad Litem also maintains contact with the community resources that help understand the issues that have been raised in a child custody case, and how those issues have affected the child or children before making recommendations to the court.
Advises the Court
Some states and counties take the advice of the GAL very seriously and may implement their suggestions into the court decisions directly.
Florida state for instance gives the GAL access to even sensitive information since they are highly regarded in high-conflict child custody cases.
When the GAL is done with the investigations and evaluations of the matter, he or she makes recommendations and advises the court regarding the needs and the best interests of the child.
Where there are cases of abuse, violence, neglect, child alienation, or drug abuse by any of the parents, the guardian ad litem records them on the report and gives the recommendations or possible solutions to the court.
Recommends Suitable Custody for The Child
After analyzing the facts of the case, the Guardian ad Litem is usually in the best position to advise the court on custody and parenting time for the child.
As we mentioned, the GAL speaks to the parents and everyone who may be involved in the life of the child, and that is crucial in understanding the best arrangement for the child.
If one parent is found to be unfit, that parent is likely to lose custody since the role of Guardian ad Litem is to promote the best interests of the child.
In addition, a GAL will also investigate the ability of each parent to care for the needs of the child, whether the parents are employed or not, and their source of income.
The GAL will also recommend a visitation schedule that is in the best interests of the child.
For example, what kind of visitation between the child and the father/mother would be best suited for the child, and whether that kind of visitation will be supervised or not.
If the report recommends supervised visitation, the court will choose the right party to supervise that kind of visitation arrangement. This could be a family member, or an officer of the court; Which may include a fee sometimes if not covered by a state program.
Any Other Function Assigned by The Court
The roles of Guardian ad Litems may vary from one court to another and from one state to another.
However, it will always revolve around matters regarding child custody and encouraging the best situation for the child to grow and thrive in their environment.
For instance, if the Guardian ad Litem is an expert in another area that he or she may be useful, the judge may assign him or her to examine the child and report the level of damage that the child has undergone on a particular issue, or the cases of mental health of each parent if the GAL is an expert in analyzing cases of mental health.
Conclusion
The role of the Guardian ad Litem in child custody cases is crucial. The GAL brings to the table impartiality, knowledge and understanding towards what best serves the interests of each minor involved in a case.
In a custody case, the GAL is charged with representing the best interest of any children involved. The court system relies on them to be impartial and help sort through all of the information that they have been given about a particular family’s situation.
Their reports are well-investigated and supported by facts that they have gathered during their investigation process. They may be considered as experts in their own right, and may motivate judges to implement their recommendations in the court decisions.
