Key Takeaways:
- A guardian ad litem (GAL), or minor’s counsel, is an adult appointed by the court to represent the best interests of a child during custody disputes or other legal proceedings.
- The Guardian ad Litem investigates the case, prepares a report, and delivers the findings to the court.
- A GAL is appointed either by request of one or both of the parents or at a judge’s discretion.
- Though the GAL’s suggestions can often influence the final decision, the court is not bound by these recommendations.
Child custody cases can be tough on parents, but they’re also difficult for any children involved. With so much going on and parents arguing back and forth, who is responsible for their well-being? Often, the answer is a guardian ad litem, or GAL.
If you’re involved in legal proceedings that affect children, the topic of a guardian ad litem comes up frequently. But who are they, what do they do, and how do they impact your custody case?
What is a Guardian ad Litem in California?
In California, a Guardian ad Litem representing a child under the age of 18 is also referred to as the Minor’s Counsel.
A guardian ad litem is an adult appointed by the court to investigate, deterine, and represent the best interest of a child during legal proceedings. They are usually an attorney or trained volunteer.
When is a GAL Appointed?
A GAL is appointed either by request of one or both of the parents or at a judge’s discretion. This person represents the well-being and best interests of the children and protects their rights. While this usually applies to minors, sometimes this also includes mentally incompetent adults who are unable to advocate for themselves.
The guardian ad litem investigates the case, prepares a report, and delivers the findings to the court.
These conclusions and recommendations often influence the court’s decision.
Though the GAL’s suggestions can and often do impact the final ruling, the court is not bound by these recommendations.
This means the court can issue orders that differ from the GAL’s recommendation. Sometimes they heed parts of a recommendation while disregarding others. Again, this falls to a judge’s individual discretion.
Related Reading: Legal Marijuana and Child Custody
What Does A GAL Investigate?
During an investigation, a guardian ad litem considers many factors. They’re looking for anything that offers insight or information about a case. This covers everything from their living situation to their relationship with their parents, and more.
These inquiries typically involve interviews with multiple people to gain a comprehensive view of the situation. GALs often also talk to:
- Teachers.
- Counselors.
- Family friends.
- Other family members.
- Any other adults who have insight into a case, relationship, or living situation.
During the investigation, the GAL considers numerous factors, including:
- The amount of time the child regularly spends with each parent.
- The child’s age.
- Their relationship with each parent.
- The child’s developmental and educational needs.
- Any other significant factors that impact the child’s safety or well-being.
Again, they have discretion to examine almost anything they believe gives them a better understanding of the case.
Though they may take into account the preferences of the parent or child, the true focus is to determine what is best for the kids. This extends beyond the desires of one or the other. For example, if a child wants to live with their mother, but the GAL concludes that is not in their best interests, the recommendations will likely reflect that.
If a judge assigns a GAL to your case, expect them to remain a presence throughout. They usually stay involved until you reach an agreement approved by a judge, or a hearing takes place to decide the matter.
Related Reading: Learn More About Custody Cases
What does a Guardian ad Litem cost?
Divorce and custody cases get expensive. A guardian ad litem adds another expense.
The cost often exceeds $1,000. The more points of contention and the more in-depth the investigation, the more likely it is that the cost will increase.
Still, these are people who have the best interests of your children at heart. During high-conflict cases, it’s all too easy for parents to lose sight of that and make everything about themselves.
A guardian ad litem is there to ensure that someone always considers what is best for the children.
Related Reading: Vaccination Disputes and Child Custody
Comments 6
What is the difference between and GAL and a court appointed Minors Council?
Author
Minor’s Counsel is essentially what California calls a GAL. They do discovery, assess the situation, and make recommendations to the court.
I am looking for information about the average time required for an appointed GAL to formulate and provide recommendations to the court. I am 4 years into a highly contentious divorce. I have a Hearing in February and I am representing myself. The case is with south county division of San Diego (555 H St, Chula Vista). Our daughter (12) actually ran away from her mothers apartment and called me from a nearby neighbor, and I do not have any custody or means to get her any counseling to overcome whatever is causing her to not want to live with her mother.
Hi Jerry, I passed your contact information along to Zephyr Hill, our managing attorney. He will reach out to you shortly with more information about your options. Thank You!
I am looking for information on obtaining a minor counsel for my granddaughter who is 15 months old and involved in custody dispute. She was born in CA but her mother,my daughter, lives and works in MI and her father lives and works in CA. Visitation is slanted heavily in favor of father and we have serious concerns regarding his child care providers and the baby’s developmental needs.
Author
Hi Paula,
Thanks for reaching out. That’s a tough situation. I passed your contact information along to Zephyr Hill, our managing attorney. He will reach out to you shortly with more information about your options.