Top Questions Parents Have About Guardians ad Litem in Family Court

Q: What Is a Guardian ad Litem?

A: A Guardian ad Litem (GAL) is an attorney or qualified individual appointed by the court to represent a child’s best interests in cases involving custody disputes, abuse or neglect allegations, or other situations where the child’s welfare is at stake. The GAL investigates the case, interviews relevant parties, and makes recommendations to the judge.

Q: When Is a Guardian ad Litem Appointed?

A: A GAL is typically appointed in Missouri family law cases when:

• There are allegations of child abuse or neglect.
• The custody dispute is particularly contentious.
• The court determines that the child’s best interests need independent representation.
• One or both parents request the appointment of a GAL.

Q: What Does a Guardian ad Litem Do?

A: The GAL’s primary role is to protect the child’s best interests. Their duties may include:

• Investigating the family dynamics by speaking with parents, teachers, doctors, and the child.
• Reviewing relevant records, such as school and medical reports.
• Observing parent-child interactions.
• Making recommendations to the court regarding custody, visitation, or safety measures.
• Attending court hearings and presenting findings to the judge.

Q: Does the Guardian ad Litem Represent My Child’s Wishes?

A: Not necessarily. Unlike an attorney for the child, who would advocate for the child’s direct wishes, a GAL advocates for what they determine to be in the child’s best interests. This may align with the child’s wishes, but it does not have to.

Q: Can a Parent Meet with the Guardian ad Litem?

A: Yes. The GAL will typically interview both parents as part of their investigation. It is essential to be honest, cooperative, and prepared when speaking with the GAL, as their report can significantly impact the outcome of the case.

Q: How Much Does a Guardian ad Litem Cost?

A: The cost of a GAL varies depending on the county and complexity of the case. In many cases, the parents are responsible for paying the GAL’s fees, which can be divided between them. If a parent has financial difficulties, they may request that the court adjust the payment arrangement.

Q: Can I Request a Different Guardian ad Litem?

A: If you believe the GAL assigned to your case is biased or not fulfilling their duties, you can file a motion requesting a new GAL with the court. However, you must provide a valid reason for your request.

Q: What Happens If I Disagree with the Guardian ad Litem’s Recommendation?

A: While the GAL’s recommendations carry significant weight, they are not final. If you disagree with their findings, you have the right to present evidence and arguments in court to challenge their conclusions.

Q: How Much Influence Does a Guardian ad Litem Have in a Court Case?

A: A judge is not required to follow the GAL’s recommendations, but they often give them significant consideration. Judges rely on GALs to provide an objective analysis of the child’s needs and family situation.

Q: How Can I Ensure a Positive Interaction with the Guardian ad Litem?

A: To foster a good working relationship with the GAL:

• Be respectful and cooperative.
• Provide requested information promptly.
• Focus on your child’s best interests rather than your personal grievances.
• Avoid speaking negatively about the other parent.
• Follow any court orders and demonstrate that you provide your child a stable, loving environment.