A Guardian ad Litem, or GAL, is an individual appointed to represent children in custody cases to work in their best interest. Here’s what you need to know about Guardian ad Litems in California custody cases.
A Guardian ad Litem may not always be present in custody cases, but can be requested by a parent or appointed by the judge in a case involving complex issues requiring the child to have an advocate.
When a Guardian ad Litem is Necessary in Child Custody Cases
If each parent is focused on their own agendas in contested custody situations, a Guardian ad Litem may help voice the child’s interests. A judge may appoint a GAL in cases involving abuse, neglect, or in issues putting the child at risk. A parent may request a GAL to be deemed as appropriate for the situation by a judge. Guardian ad Litems can influence final custody decisions, but courts are not bound by their recommendations. A GAL may add to court costs but can serve as a neutral party protecting the child’s best interest.
Related: Child Custody FAQs in California
What is the Role of a Guardian ad Litem?
In order to properly evaluate the child’s best interests, a GAL may:
- Interview and observe each parent
- Interview family friends, teachers, counselors, and other close adults
- Evaluate risk factors with each parent
- Evaluate stability of each parent’s home
- Assess the ability and willingness of each parent to care for the child
- Examine the history of each parent, especially with violence or substance abuse
- Examine how custody may affect the child’s community connections
The GAL may perform some, all of, or more than these tasks under the child’s circumstances. The amount of time a GAL may need to evaluate the child’s best interest may vary.
Related: Child Custody Laws in California: What You Need to Know
Who Can be a Guardian ad Litem?
The court may appoint an attorney, psychiatrist, psychologist, a counselor, or therapist as the Guardian ad Litem in California custody cases. An unlicensed person may serve as a Guardian ad Litem if no licensed individuals are readily available or the parties and court approve the unlicensed person.
A Guardian ad Litem needs at least 40 hours of training on topics such as family dynamics, developmental needs of children, safety and health issues, how to evaluate a family situation, and ordering and preparing court documents. A court may order a GAL to partake in more training, if necessary.
FAQs about Guardian ad Litem in California
What if there is an issue with the court-appointed Guardian ad Litem?
Parents may contact the court if Guardian ad Litem is not working in the child’s best interests.
What is the difference between minor’s counsel and Guardian ad Litem?
In California, Guardian ad Litem is often called a minor’s counsel, so they are synonymous.
Who takes care of the cost of a Guardian ad Litem?
Parents are generally responsible for the cost of a GAL, even if court-ordered, unless proof of financial hardship is provided.
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