What is a Guardian ad Litem?

A Guardian ad Litem (GAL) is an individual that the court appoints to represent the best interests of the child in some divorce cases, parental rights termination cases, and child abuse cases. Either a judge can decide to appoint a GAL or the parents can request it. Typically, GALs are employed in high conflict disputes when the court wants an unbiased third party to weigh in on what is best for the child.

Becoming a GAL in Florida requires undergoing a training program, passing a criminal background check, and earning a certification. Many GALs have a legal background in addition to the certification, but this is not a requirement of the position.

The role of the GAL is to investigate the child’s life (or particular facets of it relevant to the court case), provide a report of the investigation for the judge, and recommend a timesharing arrangement. To conduct an investigation, some steps the GAL takes are:

• Interview the child, parents, other relatives, teachers, the child’s doctor, therapist, and adults who know the child from extracurricular or religious activities
• Review report cards and school records
• Review medical and mental health records or recommend medical exams or mental health evaluations if records are not available
• Visit the child’s home (visits could be announced or unannounced)

The report they develop includes the child’s timesharing and visitation wishes, but it does not have to recommend moving forward with the child’s wishes. Instead, it takes those wishes into consideration while analyzing the big picture of the child’s living situation and life.

If a judge assigns a GAL to your timesharing case, you should cooperate with them and provide them with the information they need. This will help the GAL make the best possible recommendation for your child. The GAL is legally bound to keep the information they learn confidential, so you don’t need to worry about friends or family members learning about your private life. Once the judge issues their final orders, the court removes the GAL from the case and they will have no further contact with your family.

When the judge receives the report from the GAL, they will consider it when making their ruling about the family’s timesharing and parental responsibilities plan. However, the judge is not bound to follow the recommendations in it.

If you are involved in a highly contentious divorce, a court-appointed GAL may be beneficial for your child. The compassionate family law attorneys at Troy Legal can advise you on the best strategies to secure a positive outcome for your child, including requesting that the court appoints a GAL. Contact us today for a free initial consultation to discuss your case.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.