When a couple terminates their relationship, one of the biggest sticking points is the children. Sometimes a Guardian ad Litem may be necessary but what is that exactly. Ideally parents need to discuss cooperatively the living arrangements for the children, decision making, visitation and how all this is going to work. If the parents are unable to work out an arrangement, the court will make these decisions for them.
Part of the decision-making process may involve appointing someone to represent the child and his or her best interests. Known as a Guardian ad Litem, (“guardian at law”) or GAL, this individual is tasked with the responsibility of learning about the child’s needs, wishes, and what would be in the child’s best interest all around.
The GAL is not an attorney and does not give legal representation in court. The person who provides legal representation is called an attorney ad litem.
GAL Functions
The Guardian ad Litem is a neutral third party appointed by the judge. The appointee examines the child’s circumstances and reports them to the court so the judge can make a decision that works for all parties. Sometimes parents and other family members may not be able to offer an objective view of the child’s best interests. Therefore, involving a third party in the proceedings can provide the court with an objective and neutral picture of the child(ren) and their circumstances.
The GAL represents the child’s “voice” in a divorce or other relevant proceedings (such as if the parents are unmarried and seeking custody). As the GAL is tasked with determining the best interests of the child, it isn’t simply asking what the child wishes, though that may be considered. The best interests may conflict with those wishes so the GAL’s report will be based on what is best for the child, not what the child wants. The Guardian ad Litem can also attend court as well as receive transcripts of the proceedings.
The Process
The GAL conducts information gathering through the examination of court documents, interviews, and other methods as necessary. The purpose of this information gathering is to learn about the child’s environment, education, and other relevant information to make informed recommendations to the court.
The GAL works for the family court system, not a family law attorney. When a family court judge assigns a GAL, the individual will work to protect the child’s best interests with an investigation. This may include:
• Interviews with:
o The child (over the age of four)
o The child’s parents
o The parents’ attorneys
o Other persons who are involved in the child’s care, such as babysitters or nannies
o Teachers
o Family members
o Other witnesses
• Reviews of the child medical care
• Education records
Parents and others who are interviewed should see the GAL as an ally, not an adversary. In other words, it’s best to cooperate with the GAL since they will gather and provide information to the court that determines the outcome.
The intent is for the GAL to get a complete picture of the child’s life, the parents, and their ability to care for their child. The GAL then prepares a complete report and files it with the court along with recommendations for the child’s conservatorship (custody) arrangements. The judge reviews the information and hears testimony from the parents and their family law attorneys to make a final decision.
A Compassionate Attorney For Your Family Law Needs
Wendy L. Hart is an experienced family law attorney helping people throughout Tarrant County who are dealing with child custody issues. We represent both men and women. We’ll make sure you’re treated fairly and will protect your interests and your children.
Visit our Mansfield office at 2363 HWY 287 N, Suite 108, use our online contact form, or call us at (817) 842-2336. We’re ready to help.