A Guardian ad Litem, or “GAL,” is an attorney or social worker that is appointed by the Judge in a Family Law Matter to represent the child’s or children’s best interests. Although the GAL’s role is to advocate for the child’s best interests, the child is not GAL’s client, the Court is the GAL’s client. As such, the GAL’s position may differ from the other attorneys involved in the case.
A GAL will investigate the family dynamics on behalf of the child. This investigation will include interviewing the parents, the children, other family members, teachers, daycare providers, doctors, therapists, and other individuals requested to be interviewed by the parents. The GAL will also examine the school, medical, and therapy records of the child.
Throughout the investigation, the GAL will write detailed reports of the findings and make interim and final recommendations to the Judge regarding where the child should reside, the contact the child should have with each parent, the parental rights and responsibilities each parent should have, and other aspects of the child’s welfare.
A GAL receives extensive training on how to investigate the situation, especially when speaking with the child involved in the case. If the child is old enough to express a meaningful preference, the GAL must disclose that preference to the Court, even if the GAL disagrees with the child’s position. The GAL may also testify to the child’s wishes in Court if the GAL believes that the stress of testifying in Court would not be in the best interest of the child.
If there is a contentious dispute over a child’s residence or over parental rights and responsibilities, a GAL may be helpful.
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