​PRACTICE AREAS  - FAMILY LAW - GUARDIAN AD LITEM

Guardian Ad Litem

A Guardian ad Litem, or GAL as often referred to, is an attorney that is appointed by the court to look out for the child(ren)’s best interest. There are several scenarios where a court would elect to do so. A GAL has to follow Superintendence Rule 48 which means home visits, learning about the child, speaking to important people in the child’s life, speaking to mom and dad and/or legal custodians, and also talking to the child. A GAL does not just do what the child wants, like an attorney appointed to the child would, but rather looks at factors to present to the Court what would be best for the child given the situation and matter at hand. 

Juvenile Court
  • Delinquency proceeding: to assist the court in understanding what is in the child’s best interest if the child has been charged with committing a crime, happens most often when the child is young or there are other factors. 
  • Custody disputes: when unmarried parents are having a difficult time agreeing on a schedule and parenting plan, the court will appoint a GAL to provide insight into what the best option is for the child’s best interest. 
  • Abuse, neglect and depending proceedings: when Job and Family Services (often referred to as JFS or CPS) files a case alleging that the parents are unfit to care for the child in some way and the child has been harmed. The GAL gives the court insight into what would be best for the child for placement, visitation with the parents, understanding family dynamics and ultimately assisting in the process of  reunification if the child is ever removed
Domestic Relations Court
  • Divorce: when married parents are unable to come to an agreement on what is best for the child(ren) then the Court will appoint a GAL to help assist from the beginning with getting a parenting plan. 
  • Post decree proceeding: after the termination of marriage, if issues remain with the child(ren) the court can reopen the case and a GAL can help with the issues that have arisen.