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.
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.
Frequently Asked Questions About Guardian ad Litem Legal Solutions
What is a Guardian ad Litem (GAL)? A Guardian ad Litem (GAL) is a court-appointed advocate who represents the best interests of a child or incapacitated adult in legal proceedings. Unlike an attorney, who may represent their client's wishes, a GAL is tasked with objectively evaluating the situation and providing the court with recommendations focused on ensuring the individual's safety, stability, and overall well-being.
When is a Guardian ad Litem appointed? A GAL is typically appointed in cases involving family law disputes, such as divorce, custody, or visitation arrangements. They are also commonly involved in cases of abuse, neglect, dependency, or other situations where an individual’s best interests need to be independently assessed and protected. Courts may appoint a GAL at their discretion or upon the request of one of the parties involved.
What does a Guardian ad Litem do during a case? A GAL conducts a thorough investigation to gather information about the case. This process often includes interviewing the child or incapacitated adult, parents, family members, teachers, medical professionals, or social workers. Additionally, the GAL reviews relevant documents such as court records, school reports, and medical records to create a comprehensive assessment. Based on their findings, the GAL submits a report to the court with recommendations for decisions that align with the individual’s best interests. They may also appear in court to provide testimony or clarity on their findings.
Are Guardians ad Litem trained professionals? Yes. Guardians ad Litem are required to complete additional training to prepare them for the responsibilities of their role. This training ensures that they are adept at handling sensitive cases, understanding child development, navigating legal procedures, and conducting unbiased investigations. Many GALs also bring years of experience in family law and related fields.
How does the GAL’s involvement impact custody decisions? While a GAL does not make final decisions in custody or visitation cases, the court highly values their input. The GAL’s report and recommendations provide an objective perspective, offering critical insight that helps the judge reach an informed decision. Their involvement often ensures that the ruling prioritizes the best interests of the child or incapacitated adult above all else.
Who pays for Guardian ad Litem services? The cost of GAL services can vary depending on the jurisdiction and complexity of the case. Often, the court divides the fees between both parties involved in the case. However, in certain circumstances, the court may allocate the costs to one party or cover them through available public funds or subsidies in cases involving indigent individuals.
How can I request a Guardian ad Litem for my case? If you believe a GAL is necessary for your case, you can make a request to the court during the proceedings. This can be done through your attorney or by directly filing a motion with the court. If you need assistance with this process, our experienced team at the Law Offices of William L. Geary can guide you through the necessary steps.
The Law Offices of William L. Geary has a dedicated legal team ready to advocate for the best possible outcome in your family or juvenile law case. We are here to support you every step of the way.
