What Is a Guardian ad Litem?
A GAL is an advocate for the child in a family law matter who does not represent the child or either parent. Instead, the GAL advocates for the best interests of the child. A GAL is different from a parent’s or child’s attorney because the GAL is a neutral, unbiased professional who focuses on determining the best interests of the child and provide recommendations to the court.
A parent’s attorney provides legal advice to that parent and advocates for that parent’s legal positions. The child’s attorney provides legal advice to the child and advocates for the child.
When Is a Guardian ad Litem Appointed?
A GAL is requested by a parent or ordered by the court in high-conflict cases in which there are disputes regarding the child—usually, these are disputes over timesharing or involve serious allegations against one parent that can detrimentally affect a child’s welfare.
A GAL’s appointment is never mandatory. Either parent may request the appointment of a GAL by filing a motion either through their attorney or, if they do not have an attorney, they can file their own motion. Sometimes, the attorneys of both parents will come to an agreement regarding the need for a GAL, even agreeing to a specific GAL. The court also has the authority to appoint a GAL on their own accord if the court believes a particular case would benefit from one.
The Role and Responsibilities of a Guardian ad Litem
A GAL’s role is again, to advocate for the best interests of the child. The GAL is tasked to conduct an investigation in order to address any issues related to the child. This investigation typically includes interviews of the child, both parents, and any other relevant witnesses such as other family members, the child’s teachers, the child’s coaches, etc. The investigation may also involve reviewing documents, such as court records, the child’s school records, medical records, and communications between the parents. The GAL would also communicate with the parents’ attorneys during the process. The investigation would culminate in drafting a report including recommendations to the court regarding the child’s best interests.
Best Interests of the Child Standard
When minor children are involved in a family law case, the court’s paramount focus is on the best interests of the children. The court determines the best interests of the child by considering the 20 factors contained in Florida Statute, 61.30. A GAL also considers these same 20 factors and makes recommendations based on their investigation.
Regularly, a GAL is appointed because the child’s parents are involved in a high-conflict case. Each parent will make allegations about the other and provide information which they believe supports these allegations. With a thorough investigation, and considering the totality of that investigation, a GAL will be able to balance these competing allegations.
As a GAL, objectivity is key during the investigation. Going into an investigation believing one parent is the “good” parent and the other is the “bad” parent would cause bias to affect the entire investigation— everything in the investigation might be interpreted to support the GAL’s initial beliefs. It is critical for a GAL to remain objective because often as the investigation proceeds, further information may come to light that may change the GAL’s view of the case. This is also the reason a GAL’s investigation should be completely thorough.
How the Guardian ad Litem Process Works
Once a GAL is appointed by the court, either by motion of one parent, the agreement of both parents, or by its own determination, the GAL begins their investigation by reviewing the documents filed with the court in the particular case. Each parent will have provided a list of witnesses they believe are relevant. The GAL usually begins their interviews with each parent and the child, if applicable, and continues with the other witnesses provided by the parents.
Once the GAL concludes their investigation, they will draft their report containing recommendations. A GAL is considered a party to the case and thus, must be noticed for all hearings, mediations, or other events. If the parents decide that they want to go forward with trial or if there is a trial already scheduled, the GAL would be expected to testify at trial regarding their report.
What Parents Should Expect
Once the GAL is appointed and the parents pay their share of the GAL’s retainer fee pursuant to the order appointing the GAL, the GAL will reach out to them or their respective attorneys and request a list of witnesses that should be interviewed or other documentation that the parent would like considered. The GAL would then begin scheduling the first interviews with the parents.
The GAL will set the levels of communication for each specific case and parents. Engaging in too much or too little communication will lead to prolonging the investigation, making the investigation more difficult, and causing an increase in the amount of fees.
A GAL always expects cooperation and transparency from the parents. Often, however, a parent or both parents will, understandably, begin the investigation in a guarded manner. Parents should understand that the GAL’s role is truly advocating for the best interests of their child—which should be the parents’ common goal as well. In order to accomplish this shared goal, it is critical that parents cooperate and remain transparent throughout the investigation.
Some common concerns or misconceptions parents have is that a GAL is biased at the outset based on one parent’s attorney suggesting that particular GAL; the GAL’s recommendations automatically become an order of the court; and the child’s preference for one parent over the other is the overriding factor in determining timesharing.
What Attorneys and Courts Can Expect
Request Guardian ad Litem Services
As a Guardian ad Litem, I combine over 20 years of family law experience with a genuine love for kids and families. Children tend to feel comfortable with me quickly, and parents are often more at ease sharing their concerns, which allows for open communication and a deeper understanding of each family’s circumstances. My genuine enjoyment of working with children, combined with a calm and respectful approach, helps create an environment where children feel heard and supported, and where families feel understood throughout the process.
With a strong reputation for fairness, professionalism, and compassion, I am dedicated to making sure every child’s voice is heard and their best interests are always at the forefront of any family law matter. If Guardian ad Litem (GAL) services in a family law case are needed, timely contact and appointment of a GAL supports early trust-building, a clear understanding of family dynamics, and meaningful consideration of the child’s voice from the outset.
Ready to Secure Your Family's Future?
We understand that these moments can be some of the most stressful in your life. That’s why we promise compassionate counsel backed by unmatched legal expertise.
Frequently Asked Questions
What Is A Guardian Ad Litem?
A Guardian ad Litem or GAL is an impartial person who advocates for the best interest of a child or children involved in a family law case. A GAL conducts an investigation and writes a report containing their recommendations on issues related to the child or children.
How Does A Gal Get Involved In A Case?
GALs can either be appointed by the Court when they believe the matter requires a GAL or either parent can request a GAL. Unless the parents agree to the involvement of a GAL and also, to a particular GAL, then the parent wanting the GAL would have to motion the Court to appoint one.
Can Each Parent Get Their Own Gal In A Case?
The short answer – No. A GAL must be unbiased and their sole focus is on promoting the best interests of the child in the case. The GAL is essentially an independent factfinder that conducts an investigation to make recommendations to the Court, helping the Court make decisions relating to the child. If each parent were allowed to separately hire their own GAL, this would affect the impartiality required, be confusing to the child, and would be comparable to dueling expert witnesses.
How Much Does A GAL Cost And Who Pays The GAL?
Different GALs have different retainer amounts and hourly rates. Some GALs work on a sliding scale, basing their retainers and hourly rates on the incomes of the parents. Usually, both parents share the fees and costs of the GAL. Often, the Court can later reapportion these fees, if necessary.
