GUARDIAN AD LITEM

A: A GAL is a person (usually a Family Law Attorney or mental health professional who works with families) appointed by the court to investigate the issue of child custody and/or parenting time for a  family in the midst of a child custody case.

A: The GAL is required to conduct an investigation whereby he/she speaks with the parents, child(ren), and anyone else necessary and relevant to the case (e.g. school teachers, doctors, family friends, family members, family therapists, etc.)  The GAL will also review any relevant documents for the case (e.g. medical records, school records, DCF records, etc.)  After the GAL conducts his/her investigation, he/she files a report with the court making recommendations about custody and a parenting plan.

A: No, the GAL is not someone who represents the children in court.  Rather, the GAL is required to investigate what is in the child’s best interests.  The GAL can consider a child’s wishes regarding custody and parenting time in coming to his/her recommendations, but ultimately the recommendations must be what is in the child’s best interests, even if that conflicts with what the child(ren) want for a parenting plan.

A: A GAL can be appointed to a case in many ways.  The most common ways are either parent requested a GAL (by way of a Motion to Appoint a Guardian ad Litem), or by the court taking it upon itself to appoint a GAL.  

A: No, GAL’s are typically only appointed in very high conflict custody cases where the parents cannot agree to custody and/or parenting time.  

A: No, the recommendations are only a suggestion to the judge of what the custody arrangement and parenting schedule should be.  However, it is not uncommon for the judge to give a great amount of weight and credence to the GAL’s recommendations.

A: If you, as a parent, disagree with the GAL’s recommendations, you can have your attorney question and cross-examine the GAL at trial as to his/her recommendations and the process he/she used to arrive at these recommendations.  

A: It is not uncommon that once the GAL files his/her report for parents to seriously consider the GAL’s recommendations.  This typically facilitates the settlement of the custody case.  

A: There is no “one size fits all” answer to this question.  Whether a GAL should be appointed in a custody case should be considered on a case-by-case basis, and it typically depends on the specific facts of every case.  This is something you should seriously discuss with your attorney before making the decision either way.