Working with a Guardian Ad Litem

In child custody cases, the court’s duty and focus is to protect the children’s best interests. When a child custody suit is particularly complex, contentious, or there are serious allegations or concerns, extra steps might be taken to safeguard the children’s best interests.

This article is meant to help parents understand the role of a Guardian ad Litem (GAL). While not appointed in every child custody case, it is important to understand the role and responsibilities that this figure can have. Learning about when and why this figure is appointed, what authority they hold, and how they can impact your case can be crucial.

Learning the GAL’s role and how to work with them as part of your child custody and visitation strategy can help you land in your best possible position at the end of your child custody and visitation case.

What Is a Guardian ad Litem?

A Guardian ad Litem (GAL) is a person appointed by the court to represent the best interests of a child who is involved in litigation. The GAL is generally an attorney, but should not be thought of as an opposing counsel. The GAL plays a different role.

The GAL is a neutral investigator and child advocate who is focused solely on what outcome will most benefit the child. This might be separate from what either parent expresses, and the GAL’s final recommendation may not even be in line with what the child expresses their wishes to be. While the child’s wishes will certainly be taken into account (if age appropriate) along with both parents’ expressed wishes, the GAL is there to be an objective, outside third party. There are instances where children may not understand all the dynamics happening around them. The GAL does not necessarily pursue what the child expresses to be their preference. This would be the duty of counsel assigned to the minor. Instead, the GAL’s job is to conduct a neutral investigation and advocate for the child’s best interest – even if that runs contrary to the child’s expressed wishes.

California Law

In California, the GAL process is governed by several rules and regulations, including laws that grant authority to appoint GAL’s in custody cases (Family Code §§ 3150–3153), and rules of court that define the GAL’s qualifications and duties (California Rules of Court, Rule 5.240).

GAL appointments are not assigned in every child custody case. They will generally only be assigned if the custody case involves serious allegations or the court believes the child’s welfare is at a heightened risk.  This might look like allegations of child abuse or neglect, a history of parental substance abuse, domestic violence incidences between the parents, complex relocation issues, etc.

GALs can be appointed after a parent requests them, but parents need to be aware that the court can independently make the decision to have a GAL come into a case.

What to Expect

The GAL is granted broad access in the case. They have a wide range of authority, and should be cooperated with, not fought against. Again, this is not an opposing attorney. They are an advocate for the child and a neutral investigator in the case.

Parents should expect that the GAL might take any/all of the following actions (among others):

• Interview the child, parents, teachers, therapists, etc.
• Request confidential medical records
• Conduct home visits
• Participate in court hearings
• Make custody and visitation recommendations
• Cross-examine witnesses
• Advocate for temporary protective measures

 Your Conduct Matters

The GAL will interact with you outside of court, and their job is to assess what best serves your child. They will scrutinize how you behave, how you communicate, how you follow-through on commitments.  They will scrutinize each parent’s behavior, including emails, texts, tone of voice during interviews, and follow-through on commitments. A parent who displays evasion, hostility, manipulation/intimidation, may very well receive a negative report based on those behaviors. And these reports do hold a lot of sway in the court’s decisions.

Prepare

Working with the GAL will likely involve your cooperation in providing documentation of your child’s life and experiences. This might include medical records, school records, records of parenting classes, and witness statements. At Cardwell Steigerwald Young LLP, our child custody attorneys can help you know what to expect, prepare appropriately, and provide legal support and guidance every step of your child custody case.

Contact Cardwell Steigerwald Young LLP

GALs can reshape your custody case. The San Francisco child custody and visitation attorneys at Cardwell Steigerwald Young LLP can help you prepare. And in the rare instance where you feel a GAL has failed in their duties or acted inappropriately in their investigation/findings, our experienced attorneys can help you raise your objections in court. But, time is of the essence. Contact our office today to learn more.