Columbus Guardian Ad Litem Attorneys

A Guardian ad Litem (GAL) is appointed to assist in juvenile and domestic court cases. The duty of the GAL is to represent to the court what is in the minor child’s best interest. In juvenile cases, the court pays the fees of the GAL. However, in domestic cases, the court will assign a percentage of the GAL’s fees to each party, allocating them equally or based on the parties’ incomes. An initial deposit is made by both parties to the GAL, and thereafter the GAL sends monthly invoices to inform the parties of the additional funds required.

A GAL may be requested by either party, or the court on its own initiative may appoint a GAL to be assigned to the case. It is important to note that the appointment of a GAL is a court order, so non-compliance and cooperation with the GAL could lead to being held in contempt of court.

Call (614) 289-1227 to schedule a consultation with one of our Guardian ad Litem lawyers in Columbus today.

What the GAL Does

After the initial meeting with the GAL, you can expect the GAL to make a home visit in order to determine if your home is suitable for the child to reside within. Further, the GAL will be looking to see how you and the child interact with one another. The GAL may also converse with the child to determine what the child’s wishes may be and if they have any concerns regarding their current living arrangements.

The GAL is able to:

• Review court records
• Request records regarding the child
• Speak to witnesses
• Gather any additional information that may be necessary for his/her investigation

The GAL may also submit motions to the court and request mental health and other evaluations if the need arises.

In juvenile cases, the GAL is often appointed in a dual capacity to serve as both the GAL and the child’s attorney. If at any point during the case, the child’s wishes differ from the GAL’s recommendation of what is in the child’s best interests, the GAL has a conflict of interest. In that case, the GAL becomes only the child’s attorney, and a new GAL is appointed to the case.

Once the GAL has completed the investigation, they will submit a report to the court to recommend what they find to be in the best interest of the minor child. Although this report does not control the outcome of the case, the court will strongly consider what the GAL recommends.

Contact Us for Help with Guardian Ad Litem Needs

Contact us today to schedule a detailed assessment of your current legal position and to discuss a strategy for securing the best interests of your children with an experienced Guardian ad Litem attorney in Columbus. We are available to help you by phone at (614) 289-1227.

The Ohio Guardianship Process

Navigating the guardianship process in Ohio can be complex. Here’s an overview of the key steps involved:

1. Consultation: We begin with a thorough consultation to understand your situation and determine the best course of action.
2. Petition Filing: We assist in preparing and filing the necessary legal documents to initiate the Ohio guardianship process.
3. Court Proceedings: Our Columbus guardianship attorneys represent you in court, presenting evidence and advocating for your guardianship petition.
4. Guardian Duties: Once appointed, we provide ongoing support and guidance to ensure you fulfill your responsibilities as a guardian.
5. Annual Reporting: Guardians are required to submit regular reports to the court. We help you prepare and file these reports, ensuring compliance with legal requirements.

Contact Our Columbus Guardianship Lawyers

If you need assistance with guardianship matters, don’t hesitate to reach out to the Law Offices of William L. Geary. Our dedicated team is ready to provide the expert legal support you need to navigate this challenging process. Contact us today to schedule a consultation and take the first step towards securing the well-being of your loved one.

If you need help petitioning for guardianship in Ohio or resolving a guardianship dispute, call (614) 289-1227 or contact us online to schedule an appointment. 

Guardian Ad Litem Work 

Our office has two attorneys who are appointed by the courts as Guardians Ad Litem to work on cases involving children.

In Ohio, a Guardian ad Litem (GAL) can be appointed in Domestic and Juvenile cases involving children to assist the Court in its determination of the best interests of their ward(s) (usually the child or children). A Guardian ad Litem’s ward is most often a minor child, but in certain cases may be an adult. Whether a Guardian ad Litem appointment is mandatory or discretionary is determined based on statute. 

For example, in cases that involve children’s services, certain juvenile delinquency matters, certain cases regarding parents under the age of eighteen, or certain cases when a parent appears mentally incompetent, the appointment of a GAL may be mandatory under an Ohio statute whereas in child custody cases involving married or unmarried parents or an interested third-party custodian, certain other delinquency cases, and certain Juvenile Unruly cases, the appointment of a GAL may be discretionary.

Guardian Ad Litem Eligibility for Appointments

To be eligible to be appointed as a Guardian ad Litem, an individual must complete pre-service education provided by the Ohio Supreme Court, the Ohio Court Appointed Special Advocates (CASA) Guardian ad Litem Association, or --with the approval of the appointing court,--another provider. The pre-service education consists of 12 hours total, with at least six of the hours completed via a live education program. 

The remaining six hours of pre-service education may be satisfied by online or live education, teaching, writing, mentoring, or field-training activities with approval by the appointing court. Thereafter, the individual must apply to be placed on the Guardian ad Litem appointment list for the County in which they wish to serve.  The individual must also meet any additional requirements that the County may deem necessary, such as completing a background check, having a valid driver’s license, having practiced law for a certain period of time, dedicating a certain percentage of the GAL’s practice to domestic relations and juvenile custody actions, or providing a letter of recommendation from a member of the domestic relations/juvenile bar.

Application approval may require review from the legal director, Domestic and Juvenile Judges, Magistrates, and Staff. Some Counties require newly approved Guardians ad Litem to complete a mentoring program with a more experienced GAL (Guardian ad Litem).  

After the initial requirements are met, it is necessary to complete six hours of continuing education courses annually to be maintained as a Guardian ad Litem; three of those hours must be via live education programs.

How Guardians Ad Litem Are Chosen to be Appointment to Cases

The determination as to how a Guardian ad Litem is chosen varies by the case type, and sometimes even by County.  A Guardian ad Litem is sometimes appointed on a rotation basis from all the approved individuals on a certain court appointed list.  

Alternatively, a Guardian ad Litem may be appointed directly from the bench by a Judge or Magistrate, who then chooses to assign a particular Guardian ad Litem to a particular case. If there is agreement between the parties to a case (or their legal counsel), the parties/counsel may be able to choose which GAL they believe is the best fit for the case and request the Court to approve the appointment.

Length of Time a Guardian Serves for His/Her Ward

Once a Guardian ad Litem is appointed to the case, the GAL shall serve on the case until discharged by the Court or upon case closure after a global settlement or trial. A court should consider reappointment of the same Guardian ad Litem for a specific child or person in any subsequent case determining the best interest of the child or person. However, if the Court does not reappoint the GAL on its own accord upon the re-opening of a case, it may be necessary for a party to move the court for re-appointment of the GAL. 

Responsibilities of a Guardian Ad Litem

The responsibilities of a Guardian ad Litem shall include, but are not limited to, the following:

(1) Provide the court recommendations of the best interest of the child. Recommendations of the best interest of the child may be inconsistent with the wishes of the child or other parties. 

(2) Maintain independence, objectivity, and fairness, as well as the appearance of fairness, in dealings with parties and professionals, both in and out of the courtroom, and have no ex parte communications with the court regarding the merits of the case; 

(3) Act with respect and courtesy in the performance of the responsibilities of the Guardian ad Litem; 

(4) Attend any hearing relevant to the responsibilities of the Guardian ad Litem; 

(5) Upon becoming aware that the recommendations of the Guardian ad Litem differ from the wishes of the child, immediately notify the court in writing with notice to the parties or affected agencies. The court shall take action as it deems necessary. 

(6) If necessary, request timely court reviews and judicial intervention in writing with notice to the parties or affected agencies; 

(7) If the Guardian ad Litem is an attorney, file pleadings, motions, and other documents as appropriate and call, examine, and cross-examine witnesses pursuant to the applicable rules of procedure; 

(8) Be available to testify at any relevant hearing.

The duties of a Guardian ad Litem shall include, but are not limited to, the following: 

(1) Become informed about the facts of the case and contact all relevant persons; 

(2) Observe the child with each parent, foster parent, guardian or physical custodian; 

(3) Interview the child, if age and developmentally appropriate, where no parent, foster parent, guardian, or physical custodian is present; 

(4) Visit the child at the residence or proposed residence of the child in accordance with any standards established by the court; 

(5) Ascertain the wishes and concerns of the child; 

(6) Interview the parties, foster parents, guardians, physical custodian, and other significant individuals who may have relevant knowledge regarding the issues of the case. The Guardian ad Litem may require each individual to be interviewed without the presence of others. 

(7) Interview relevant school personnel, medical and mental health providers, child protective services workers, and court personnel and obtain copies of relevant records; 

(8) Review pleadings and other relevant court documents in the case; 

(9) Obtain and review relevant criminal, civil, educational, mental health, medical, and administrative records pertaining to the child and, if appropriate, the family of the child or other parties in the case; 

(10) Request that the court order psychological evaluations, mental health or substance abuse assessments, or other evaluations or tests of the parties as the Guardian ad Litem deems necessary or helpful to the court; 

(11) Review any necessary information and interview other persons as necessary to make an informed recommendation regarding the best interest of the child.

The type of case to which the Guardian ad Litem is appointed determines how the Guardian ad Litem is to be paid. Cases involving children’s services, delinquent or unruly children, certain cases involving parents under the age of eighteen, or certain cases involving a parent who appears mentally incompetent may be paid by the Court. In those types of cases, the Guardian ad Litem fees are predetermined at a set hourly rate and often capped at a total amount of fees that may be earned during the case. 

In other cases, such as child custody cases involving married parents, unmarried parents, or an interested third-party custodian, the Guardian ad Litem fees are determined at the discretion of the Guardian ad Litem, and there is no fee cap as to the earning potential on any particular case. These cases often require the deposit of a lump sum payment to the Guardian ad Litem upon the appointment. Some counties set the Guardian ad Litem fees for some cases, such as child custody cases involving married parents, unmarried parents, or an interested third-party custodian.  

The Court may also appoint a pro bono or reduced fee Guardian ad Litem in child custody cases on a very limited case by case basis. In cases wherein the Guardian ad Litem is paid for by the Court, it is unlikely the parties to the case will ever see the Guardian ad Litem’s services as billed. However, in child custody cases, a Guardian ad Litem should send out monthly invoices to parties regarding the services invoiced and any request for replenishment of the Guardian ad Litem deposit. 

These fees are in the nature of child support and are not dischargeable in bankruptcy but are subject to wage deduction and redirection to the GAL through the Child Support Enforcement Agency or other appropriate entity. Failure to pay Guardian ad Litem fees as ordered may be punishable by contempt or the non-paying party’s motions may be subject to dismissal or the Court may preclude the non-paying party from presenting evidence or witnesses in a trial or the court may choose to subject the party to other appropriate sanctions.

Our office has two attorneys that serve in the role as Guardian ad Litem. Haley Holmberg has been a Guardian ad Litem since 2018 and has served in both Franklin and Delaware Counties. Stacey Gilbert has served in the role of Guardian ad Litem since 2023.  She has served in several counties but now only focuses on Knox County. 

Ohio Guardianship FAQ

Who can serve as a guardian?

A guardian can be a family member, friend, or another responsible adult who is willing and able to take on the responsibilities. In some cases, the court may appoint a professional guardian if no suitable family member or friend is available.

How do I start the guardianship process?

The guardianship process begins by filing a petition with the probate court in the county where the ward resides. Our attorneys can assist you in preparing and filing the necessary documents and represent you throughout the court proceedings.

What types of guardianship are available in Ohio?

Ohio recognizes several types of guardianship, including:

• Guardianship of the Person: Managing personal and medical decisions for the ward.
• Guardianship of the Estate: Managing financial affairs and property of the ward.
• Limited Guardianship: Assigned for specific decisions or for a limited period.
• Emergency Guardianship: Temporary guardianship granted in urgent situations to address immediate needs.

How long does the guardianship process take?

The time frame for establishing guardianship can vary depending on the complexity of the case and the court’s schedule. It can take anywhere from a few weeks to several months. Emergency guardianships can be granted more quickly when immediate action is necessary.

What are the responsibilities of a guardian?

Guardians are responsible for making decisions that are in the best interest of the ward. This can include:

• Personal and Medical Care: Ensuring the ward receives appropriate medical care and living arrangements.
• Financial Management: Handling the ward's finances, paying bills, managing investments, and preserving assets.
• Reporting: Submitting regular reports to the court detailing the ward’s condition and how their affairs are being managed.

Can guardianship be terminated or modified?

Yes, guardianship can be terminated or modified if circumstances change. For example, if the ward's condition improves and they can manage their own affairs, or if a more suitable guardian becomes available. The process involves filing a petition with the court and may require a hearing.

What if there is a dispute over guardianship?

Disputes over guardianship can arise when multiple parties believe they are best suited to be the guardian or when there are concerns about the current guardian’s performance. Our attorneys can help mediate disputes, represent you in court, and work towards a resolution that serves the best interest of the ward.

Do guardians get paid?

Guardians may be entitled to reasonable compensation for their services, which is typically paid from the ward's estate. The amount must be approved by the court and is subject to state guidelines and the ward’s financial situation.

How can the Law Offices of William L. Geary assist me with guardianship?

Our experienced attorneys provide comprehensive support throughout the guardianship process, from initial consultation and petition filing to court representation and ongoing guidance. We are dedicated to helping you navigate the legal complexities and ensure the well-being of your loved one.

If you need help petitioning for guardianship in Ohio or resolving a guardianship dispute, call (614) 289-1227 or contact us online to schedule an appointment