What is a Guardian ad Litem? – Coparent Academy

Your Guide to Guardian ad Litems in Coparenting

Going through a separation or divorce is incredibly tough, especially when kids are in the picture. The legal side of things can often feel overwhelming, and you might hear terms like “Guardian ad Litem” (GAL) that leave you wondering what exactly it means for your family. If you’re feeling weighed down, unsure how to set good boundaries in this new chapter, please know you’re not alone. We’re here to offer clear, helpful guidance, always keeping your child’s best interests as our main focus.

What Exactly is a Guardian ad Litem?

At its heart, a Guardian ad Litem is a professional appointed by a judge. Their job is to look into your situation and speak up for what’s best for your child in court. Think of it like this: a judge needs to make decisions based on what the people involved tell them. Judges can’t go out and investigate things on their own or dive deep into your family’s daily life. That’s where a GAL comes in. They act as the judge’s eyes and ears, gathering information to help the judge truly understand what will help your child thrive.

This role is really important because judges have rules that stop them from doing their own research. The GAL fills this gap by actively looking into what’s best for your child, using their experience and knowledge to speak up for them in court.

GAL vs. Your Child’s Attorney: Knowing the Difference

It’s easy to mix up a Guardian ad Litem with an attorney for the child, and that’s perfectly understandable. Both roles involve your child, but they do different things.

A child’s attorney represents what the child prefers. So, if a child tells their attorney they want to live with one parent because that parent lets them eat pizza for dinner and pop-tarts for breakfast, the attorney has to tell the court that’s what the child wants. They have to do this even if it might not be the healthiest choice for the child in the long run.

A Guardian ad Litem, however, investigates and then champions the child’s best interests. This means a GAL will consider what the child wants, but they’ll also look beyond that to figure out what truly helps the child’s overall health, growth, and stability. For instance, a GAL might acknowledge a child’s love for pizza and pop-tarts but suggest an environment that offers a more balanced approach for their development. In some involved cases, a child might even have both a child’s attorney and a GAL working on their case.

How a GAL Investigates

Once a GAL is appointed, they start by looking into your family’s situation and your child’s needs. This usually involves:

Meeting with each parent separately: This gives the GAL a chance to hear everyone’s side and concerns individually.
Seeing each parent with the children: The GAL wants to observe how you interact with your kids in your usual setting.
Meeting with the children by themselves: This creates a safe space for children to share their feelings and preferences without any pressure from parents.
Gathering information from others: This could mean talking to teachers, counselors, doctors, and even grandparents, to get a full picture of the child’s life. A GAL sees themselves as a problem-solver, bringing in other professionals like mental health experts when specific concerns come up, such as parental alienation.

A good GAL takes their time with this process. They aim to be a calm, quiet presence in your child’s life, so your child doesn’t feel like they’re being pulled into the middle of the divorce. The main goal is to collect information in a way that causes the least amount of stress for your child, making sure they don’t carry the emotional weight of the process for years to come. All the information they gather helps the GAL form their findings and suggestions, which are often put into a report for the court.

Understanding “Best Interests” and Custody Standards

What “best interests” means isn’t always the same; it changes as the case moves forward.

When Custody is First Decided: At the very beginning of a case, “best interests” is about what generally benefits the children in terms of their time, values, emotions, nutrition, and even their spiritual well-being.
When Coparenting Jointly: If parents already have a joint custody arrangement, the GAL will assess if it’s actually working well from the child’s point of view. Even if the parents are struggling to communicate, if the child is doing well, a GAL might recommend keeping the joint custody arrangement. Joint custody, in this context, refers to a written plan that details how parents will make important decisions about their children’s lives together.
Changing Sole Custody: If one parent has sole custody, a different rule applies. To change sole custody, there needs to be a “permanent, material, and substantial change in circumstances to the detriment of the child,” where the child would be “substantially better off with a change in who’s making those big decisions”. This means any change must involve the custodial parent’s situation or the child’s, and crucially, it must be negatively impacting the child.

Working Well with a GAL

When a GAL is appointed to your case, your willingness to work with them is really important for your child’s well-being. Here’s how you can best support the process:

Be Open and Honest: Share accurate information and be open about your situation.
Help with Access: Make it easy for the GAL to connect with your child’s school, doctors, and anyone else who can provide useful information.
Build Your Own Connections: If you haven’t been as involved in certain parts of your child’s life, now is a good time to naturally get more engaged. This means knowing your child’s doctor, teacher, and principal, and actively taking part in their activities. It’s not about big gestures to impress the court, but about genuine, consistent involvement.
Trust the Process: It can feel frustrating sometimes, but remember that the GAL is there to serve your child’s best interests. Their job is to give the court an unbiased view, leading to the most informed decisions for your children.

The GAL’s Role in Mediation and Trial

A GAL plays an active part in helping your case find a resolution, whether through an agreement or by going to trial.

Mediation: During mediation, the GAL works with the mediator to help parents reach an agreement that puts the children first. They can offer insights into the family’s situation and suggest ways for parents to communicate more productively.
Trial: If mediation doesn’t work out, the GAL becomes a formal participant in the trial. They can call witnesses, present evidence, ask questions of other witnesses, and offer their expert opinion and recommendations to the judge. This unique position allows the GAL to make sure all important information about the child’s well-being is presented to the court, even if the parents’ attorneys might be hesitant to bring it up.

Hope for Your Family’s Future

Divorce and separation are simply hard, and it’s normal to feel a sense of loss. But with the right support and by keeping your children’s needs at the forefront, you can get through this transition. The Guardian ad Litem’s role is to be that calm guide, helping the court make decisions that build a strong foundation for your child’s healthy future.

Remember, having open conversations and putting your child’s well-being first are steps you can take today to build a more peaceful coparenting relationship. Even if trust feels broken, small, consistent efforts can begin to rebuild it for the sake of your children.

Ready to find clarity and support on your coparenting journey? Connect with us today. We offer resources and compassionate guidance designed to help your family thrive, focusing on your child’s well-being every step of the way.