What My Clients Asked Me this Week - What is a GAL?

Who truly speaks for what is best for your children?

If you are divorcing and you are having custody or parenting issues with the person you share a child with, you may wonder how parenting/children’s issues will be resolved when parents cannot come to an agreement. Who truly speaks to what is best for your children?

The court may appoint a guardian ad litem (also known as a “GAL”), an attorney for the parties’ child(ren). The guardian ad litem is required to investigate the facts of the case, interview the child(ren) and the parties, and testify or submit a written report to the court regarding their recommendations in accordance with the best interest of your child. The GAL serves as a witness in court.

Or, the court may appoint a Child’s Representative, an attorney for the parties’ child(ren) that advocates what the child representative finds to be in the best interests of the child(ren) after reviewing the facts and circumstances of the case.  The child representative is required to meet with the child(ren) and the parties, investigate the facts of the case, and encourage settlement and the use of alternative forms of dispute resolution. Unlike a guardian ad litem, the child representative cannot be called as a witness to testify.

However, is the training of 10 hours every two years sufficient for a GAL or Child’s Representative to make recommendations to the court for what is in the best interests of your child and family?

The best advice is to seek mediation regarding your parenting issues before involving a court-appointed Guardian ad litem or Child’s Representative. Preferably, seek mediation with a trained child and family psychologist. Don’t lose control over your family’s parenting schedule and parenting decisions to an attorney or judge that doesn’t know you or your family.