The Role of a Guardian ad Litem in Missouri Child Custody Cases

What is a Guardian ad Litem?

A Guardian ad Litem is an attorney appointed by the court to represent the best interests of the child in custody cases. Unlike the attorneys representing the parents, the GAL focuses on what’s best for the child, regardless of what either parent wants. Their primary role is to investigate the child’s circumstances and make recommendations to the court based on their findings.

When is a Guardian ad Litem Appointed?

In Missouri, a GAL may be appointed in any custody case, but they are mandatory in certain situations, including:

• When child abuse or neglect is alleged
• When there are serious concerns about the child’s welfare
• In cases involving termination of parental rights

Even when not mandatory, either parent can request a GAL or the judge may decide to appoint one if they believe it’s necessary.

What Does a Guardian ad Litem Do?

The GAL’s responsibilities are extensive and can include:

1. Investigating the Case: The GAL will gather information about the child’s situation, which may involve:
   • Interviewing the child, parents, and other relevant parties
   • Reviewing school and medical records
   • Visiting the child’s home(s)
   • Speaking with teachers, doctors, or therapists
2. Representing the Child’s Interests: In court proceedings, the GAL advocates for what they believe is best for the child, which may or may not align with either parent’s wishes.
3. Providing Recommendations: The GAL will report their findings and recommendations for custody arrangements to the court.
4. Participating in Mediation: If the parents attempt mediation, the GAL may participate to ensure the child’s interests are considered.
5. Testifying in Court: The GAL may be called to testify about their findings and recommendations.

How Does a Guardian ad Litem Affect Custody Decisions?

While the GAL’s recommendations do not bind the judge, they typically give them significant weight. The GAL’s unique position as an unbiased advocate for the child often provides valuable insights that help the court make informed decisions.

Working with a Guardian ad Litem

If a GAL is appointed in your case, cooperating fully is crucial. Here are some tips:

• Be honest and transparent in all interactions
• Provide requested information promptly
• Demonstrate your commitment to your child’s well-being
• Avoid speaking negatively about the other parent to the GAL
• Understand that the GAL’s role is not to side with either parent but to advocate for the child

A Guardian ad Litem may be vital in your Missouri child custody case, serving as an independent voice for the child’s best interests. While having a GAL involved can add complexity to your case, their input can be invaluable in ensuring the best outcome for your child.

Contact The Betz Law Firm

At The Betz Law Firm, we have extensive experience working with Guardians ad Litem in custody cases. Don’t hesitate to reach out if you’re facing a custody dispute or have questions about the GAL process. We’re here to guide you through every step of your family law journey.