Guardians Ad Litem
Who Needs a Guardian Ad Litem (GAL)?
You are divorcing or separating from your partner and you and the other parent have retained counsel but have been unable to resolve your custody dispute due to on-going high conflict.
What is a GAL?
GAL’s are appointed by the court, and paid for by the parents, to represent and advocate the best interests of the children. GALs are appropriate in cases where there is on-going high conflict litigation that includes significant medical, educational and/or mental health issues affecting the children. GAL’s submit recommendations to the Family Court and are available to testify at trial or hearings.
What is the Difference between a Custody Evaluator (CE) and GAL?
GAL’s are attorneys. The difference between a CE and GAL is that CE’s do not have to be attorneys and their role is to investigate and evaluate, whereas a GAL is an attorney and their role is to advocate for the children’s best interest. GAL’s, unlike CE’s, can file pleadings in court on behalf of the children. GAL’s are usually appointed only in high conflict cases that include significant medical, educational and/or mental health issues affecting the children.
When Does a GAL Get Involved?
GAL’s are appointed by the Court at any point after the beginning of litigation and before a case goes to trial.
How Does the GAL Process Work?
Initially, we as GAL’s, meet with you to learn more about your child’s unique needs and circumstances. We review all court records and files to understand the legal issues facing your family. We meet with our client to understand who they are and what is important to them. In getting to know them we review reports, school records, and speak to teachers, coaches, therapists, doctors, grandparents, caregivers, and other important people in your lives.
A GAL can file a motion in court and ask for relief for your children.
Our focus as GAL is on minimizing conflicts and effectuating settlements whenever possible.
Why is a Children’s Law Center GAL Beneficial?
- Peace. In every case, our goal is child-centered conflict resolution.
It is undisputed that children benefit immensely when parents can cooperate and communicate effectively. - Child-centered. All GAL’s are trained child advocates and focus solely on your children’s best interest. Your attorney is concerned with securing your rights. The GAL is concerned with your child’s rights, best interests, and well-being.
- Encourage Settlement (when appropriate). Frequently, the GAL is the only neutral third party willing to testify or submit a written report to the court. Once a report is submitted to the court, the parents have a better understanding of their chances at trial and often time will settle.