Divorce Dex.com: Guardian Ad Litem (GAL)

Definition Guardian Ad Litem (GAL) - a court-appointed adult, usually a trained social worker, counselor, or other professional who represents the non-legal interest of minor children in a couple’s divorce.

Application in Divorce A GAL may enter the picture when the custody of a child is in litigation and the domestic situation of the child is unclear.

A GAL reports to the court and is charged with using his or her judgment in determining the best interest of the child.

The testimony of a guardian ad litem carries a great deal of weight since he or she is not on the side of either parent.

See also Attorney for the Child(ren).

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Questions & Answers

Do Guardians ad Litem have the same role in all States?

No. A GAL is appointed by the Court and the Order of appointment defines the GAL’s role. Each State has different requirements and qualifications for GALs. In some States, GALs are attorneys and act as attorneys for the minor children, make no recommendations and are "fact-finders" only. In some states, Courts can disregard the GAL’s recommendations, can accept and/or reject the GAL’s report, as with any witness; In some states, psychologists and trained social workers only are allowed to be GALs and their recommendations deal with the "best interest" criteria based upon psychological profiling, testing, interviewing, etc. Check your state’s requirements and the Order appointing the GAL. You have a right to object if a GAL appears to be unqualified and/or biased.

Contributed on 11/14/2007 by: Gordon, Tobin & ReadWarwick,, RI[Total Submissions: 1]

Category: Child Custody (Applicable in All States)

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What you should expect the Guardian ad Litem to do
The Guardian ad litem should zealously advocate for the child, who is their client. This involves a complete investigation of the situation and extensive interviews of the child, the parties, teachers, ministers, neighbors, counselors. They should order background checks, review medical and counseling records of the child and parties. They should go to IEPs, and meetings at DCS and etc. regarding the child. They should be able to present what the child desires and what is the child’s best interests. The child should know the GAL and feel comfortable to call him or her when needed. Check your state’s rules to see if your GAL is properly representing your child.

Contributed on 2/20/2008 by: Karnes Legal ServicesJackson, TN[Total Submissions: 1]
Category: Child Custody (Applicable in All States)

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#119: If you are going through a divorce and have children, be sure to tell your children's teachers. They may be able to inform you of any abnormal behavior patterns that are being caused by the divorce, which could be addressed if brought to your attention.

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