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What is the role of a guardian ad litem in child custody cases?

On Behalf of | Apr 11, 2025 | Child Custody And Visitation

Child custody cases often involve difficult decisions that impact a child’s well-being and future. To ensure the child’s best interests are prioritized, courts sometimes appoint a guardian ad litem (GAL). The GAL plays a vital role in advocating for the child during custody proceedings.

What does a guardian ad litem do?

A guardian ad litem is a neutral third party appointed by the court to represent the child’s best interests. Unlike an attorney who represents a specific individual, a GAL focuses solely on the child’s needs, independent of the parents’ wishes. The GAL’s main job is to gather information, observe interactions between the child and both parents, and make recommendations to the court regarding custody and visitation arrangements.

How is a guardian ad litem appointed?

In most cases, the court appoints a GAL when there are concerns about the child’s safety, well-being, or if there is a dispute that the parents cannot resolve. This can happen in situations of abuse, neglect, or complex custody matters. The GAL’s role is usually temporary, ending once a final custody decision is made.

What does the GAL investigate?

The GAL conducts investigations to understand the family dynamics, including interviewing the child (if old enough), speaking with both parents, and contacting other relevant individuals, such as teachers, doctors, and family members. The goal is to gather as much information as possible to help the court make an informed decision that benefits the child.

How does the GAL’s role affect the outcome of the case?

While the GAL’s recommendations are not binding, they can heavily influence the court’s decision. The court takes these suggestions seriously because the GAL is an unbiased voice focused on the child’s well-being. In many cases, the judge will use the GAL’s report as a crucial piece of information when making custody determinations.

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