Role Of A Guardian Ad Litem
 

During a contentious divorce, it is unfortunately not uncommon for both parties to be so caught up in their own struggles and battles against one another that the well-being of any children loses its place as the top priority. In the emotionally heated conflicts of divorce, it is easy to see how some parents may not be able to properly judge what is best for their kids.
While pushing a child’s best interest lower may not be intentional, the court has a system in place to ensure a child’s welfare is always protected: The ability to appoint legal representation to look out for the child’s best interests in the form of a Guardian Ad Litem.

Akilah Harris is a Qualified Guardian Ad Litem.

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Reasons a Guardian Ad Litem is appointed

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​Since the standards for having a GAL appointed will vary by state and jurisdiction, it is hard to generalize when they will be used; however, they are almost always assigned in cases where allegations of abuse or neglect are submitted.
Additionally, some courts may not require a GAL if the minor children involved are older. While 6-year-olds are not able to properly speak for themselves on such a serious matter as divorce, 16-year-olds probably can.

Responsibilities of a Guardian Ad Litem

GAL’s are advocates for minor children, just as an attorney advocates for whoever retains their services. Their primary duty is to investigate and determine what will be in the best interests of the child after the divorce is final. The Guardian Ad Litem will conduct interviews with both parties, the children and anyone else who may have insight into what will be best for the kids after the divorce is final. This can include friends, neighbors, teachers, coaches or anyone else who would be able to shed some light on the background of any contested custody issues.
After completing their analysis, the GAL makes a custody report to the court, and while the recommendation is not determinative of the outcome of the case, the court will place substantial weight on what the GAL recommends.



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Dealing with Guardian Ad Litem bias

If you feel the GAL is showing a bias against you, notify your attorney and have the attorney notify the court immediately. You only have a small window to disqualify a GAL, and that is only before the investigation starts.

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