One question that often arises in contested divorces involving custody disputes is: What is a Guardian ad Litem, and what do they do?
What is a Guardian ad Litem?
A Guardian ad Litem (GAL) is an attorney appointed by the judge in your divorce case. Their role is to be independent and unbiased, conducting an investigation into the custody positions of both parents. The GAL is not on either parent’s side; instead, they are focused solely on the best interests of the minor children involved.
The Role of the Guardian ad Litem (GAL)
The GAL’s primary task is to gather information and provide the court with a comprehensive view of the family situation.
This can involve several steps:
Meetings with Parents
The GAL will typically meet with both parents individually to hear their perspectives on custody and parenting.
Home Studies
The GAL may visit each parent’s home to observe the living environment and gather information on how the children are cared for in each setting.
Interviews with Children
The GAL will also speak directly with the children to understand their experiences and preferences when appropriate.
Consultations with Professionals
To gain further insight, the GAL might talk with psychologists, counselors, or other professionals who work with children or parents.
The Final Report
After completing their investigation, the Guardian ad Litem will prepare a report summarizing their findings and recommendations. This report is submitted to the judge, who will use it as a tool in evaluating the best custody arrangement. The GAL’s recommendations are always centered on the children’s best interests, which is the guiding principle in all custody decisions.
Why is a Guardian ad Litem Important?
The GAL provides the court with an independent perspective, helping to ensure that the final custody decision is based on a well-rounded understanding of the family’s dynamics and, most importantly, what will best serve the children’s needs.
