Law Offices of Forrest & Forrest, PLLC

Experienced South Florida Family Law Attorneys

Demystifying guardians ad litem in Florida custody cases

On Behalf of | Jan 29, 2025 | Child Custody

Custody disputes can be incredibly stressful for parents and children alike. The road ahead involves numerous legal complexities on top of the emotional challenges that such a major life transition brings.

In the midst of this time of turmoil, you might encounter the term “guardian ad litem” (GAL). Understanding the role and function of a GAL in custody cases can help ease your concerns, understand your options and better prepare you for what might lie ahead in your custody case.

What is a guardian ad litem?

A GAL is a court-appointed advocate whose role is to represent the best interests of a child in legal proceedings, including in custody disputes arising out of divorce, paternity and modification proceedings. A GAL is not the child’s attorney, but rather an independent voice for the child’s welfare and rights within the proceedings.

GALs provide an objective perspective to the court. They focus solely on what is beneficial for the child.

What is the role of a guardian ad litem in custody cases?

Guardians ad litem have a specific set of responsibilities centered on investigating and identifying the child’s best interests. There are parameters around what they can and cannot do.

What GALs do

The primary duties of a GAL include:

  • Investigating the child’s circumstances, including living situations, relationships with parents and siblings, and overall well-being
  • Observing the child in their home environment
  • Interviewing the child and, if necessary, speaking with teachers, healthcare providers and other significant figures in the child’s life
  • Reviewing pertinent documents, such as school records, medical reports and any other relevant information
  • Providing a detailed report to the court with recommendations on custody and visitation based on their findings
  • Attending court hearings and providing testimony if necessary
  • Advocating for services or interventions that support the child’s needs

What GALs DON’T do

There are clear limits on what GALs can do, including:

  • They do not represent either parent’s interests.
  • They cannot make any legal decisions; rather, they provide recommendations to the court.
  • They do not have a continuing role once the case is resolved (although they may be reappointed if a party later seeks a custody modification).

When are guardians ad litem appropriate or necessary?

The appointment of a GAL is not automatic in every custody case. Their involvement is typically reserved for situations where the court determines that an independent perspective is necessary for the child’s best interests.

Scenarios where a GAL might be appointed include:

  • High-conflict custody battles where parents cannot agree on what is best for the child
  • Cases involving allegations of abuse, neglect or abandonment
  • Situations where the child has special needs that require careful consideration
  • Complex scenarios where the court requires an in-depth investigation to understand the family dynamics and the child’s needs

An experienced family law attorney can provide further guidance on whether appointing a GAL is advisable in your specific case. Consulting with a lawyer can help you navigate these decisions with greater confidence and clarity, ensuring that your child’s needs are at the forefront of all legal proceedings.

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