A guardian ad Litem represents the interests of individuals who can’t represent themselves. Here’s what to know about a guardian ad litem.
What is a Guardian ad Litem’s Role?
The role of a guardian ad litem (GAL) is to speak on behalf of an incapacitated person involved in a court proceeding. The GAL should not advocate for one side or the other. Instead, the court appoints a GAL to represent the interests of an incapacitated person. A GAL’s job is to represent the client’s best interests (not the clients themselves) in the guardianship proceeding.
Examples of cases where a child may require a guardian ad litem include child custody issues, child abuse, and other family law situations. The GAL’s job is to conduct investigations to objectively decide what is best for the person. Once the investigation concludes, the GAL is dismissed and no longer has decision-making power for the person.
Related: Legal Guardianship in California: The Basics
What does a Guardian Ad Litem do?
A guardian ad litem acts as a neutral investigator for the court. A GAL investigates a child’s or incapacitated person’s needs.
A GAL’s job includes:
- Looking for vital information to help the judge make an informed custody decision
- Working with other professionals involved in the case
- Interviewing the child and important figures in their life, such as parents, relatives, teachers, etc.
- Reviewing medical records, school reports, and other important documents
- Attending court sessions
- Making home visits to see the child’s living situation
Specifically, a GAL considers anything affecting the child’s well-being and the parent-child relationship, such as:
- The stability of each parent’s home
- The parent’s ability to cooperate and communicate with each other
- The parents’ mental health
- The parents’ history of crime, violence, substance abuse, or any other concerning issues
Following the investigation, the GAL writes a report based on their findings, including a recommendation for a custody arrangement and any other details impacting the judge’s decision. Only parents, their attorneys, and the court can view the report.
Related: Guardian ad Litem in California Custody Cases
What Does a Guardian Ad Litem Ask a Child?
A suitable guardian ad litem tries to make the child feel as comfortable as possible to express their feelings. The GAL may provide younger children with toys or coloring books and casual conversations about their likes and interests. The same methods may not be effective for an older child. However, the GAL knows how to best approach children of various ages. As the conversation progresses, the child will increasingly reveal their feelings, thoughts, and emotions to the GAL and provide more insight into their lives and needs.
Parents should talk to their children about the meeting before it happens for their safety. A GAL may commonly ask the child if their parents mentioned anything about the meeting before it happens. The GAL can ask something along the lines of “What did your parents tell you to tell me?” Tell your child to be honest, and the GAL provides a safe space to talk about how they are feeling. If a child is open and honest in their conversation with the GAL, the GAL can better represent their interests. Parents should be cooperative and amicable both with their child and the GAL.
If a parent is concerned the GAL isn’t looking out for their child’s best interest, talk to the GAL directly or file a complaint with the court. The court may remove the GAL from the case if they are not fulfilling their duty.
Related: Temporary Guardianship of Minors in California
How Much Does a Guardian Ad Litem Cost?
Parents should expect to pay for the guardian ad litem unless they provide the court with proof that they cannot do so.
Prices may vary by location. Flat fees can range from around $300 to $750 or more. Hourly prices vary greatly, from $30 an hour to $250 or more. If the GAL charges hourly, parents must pay a retainer fee to reserve services for a set number of hours. Volunteer GALs do not receive compensation for their work.
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