Florida courts want couples seeking divorce to work together regarding creating a time-sharing arrangement and parenting plan when minor children are involved. However, creating a parenting plan is rarely a simple conversation in high-conflict divorce cases. When negotiations aren’t getting anywhere, and there are concerns about the child’s well-being and safety, the court may appoint a guardian ad litem to advocate for the child and keep their best interests in mind. Learn more about the role guardians ad litem play in high-conflict custody cases here.
What is a Guardian ad Litem?
A Guardian ad Litem (GAL) is a court-appointed representative who investigates, interviews, and intercedes on behalf of your child during court proceedings like custody cases and other legal proceedings. According to Florida Statute 61.403, the role of a guardian ad litem is to serve as the “next friend of the child” and “act in the child’s best interest.” Guardians ad litem speak on behalf of a child in court cases so that the child doesn’t have to testify in court. Many GALs are family law attorneys with specialized training to act as a guardian ad litem.
Guardian ad Litem Responsibilities
There are several responsibilities GALs have during legal proceedings, including:
- Investigate allegations that affect the safety of the child.
- Conduct interviews with the child, witnesses, and other related parties about their welfare.
- Review medical records and recommend screenings.
- Request expert examinations of the child (or their parents) by medical and mental health professionals.
- Address the court on the child’s behalf.
- Make written or oral recommendations and reports about what’s in the child’s best interest in different court cases.
GALs speak directly to the child and provide an impartial space to express their feelings, desires, and opinions on subjects relating to the custody arrangement. They use the information gathered during their interviews to provide a recommendation to the judge about what the custody arrangement should be.
When Do You Need a Guardian Ad Litem?
GALs can be requested by either party involved with the court case. A judge may also appoint a GAL if one isn’t requested, depending on the circumstances of the case. In addition, GALs are required for certain court proceedings, such as cases involving child abuse, neglect, or alienation. GALs are also commonly assigned in other cases, such as adoption or juvenile delinquency cases. GALs often represent children in custody cases involving relocation, parental alienation, and parental responsibility.
GAL Investigation Process
One of the primary responsibilities of a GAL is to conduct a thorough investigation into what legal outcomes act in the child’s best interest. To do this, GALs conduct in-depth interviews with the child, their siblings, family members, friends, teachers, counselors, and other relevant parties to get a picture of the child’s circumstances and the nature of the legal proceedings that affect the child. They will ask questions to help them understand parenting styles, the child’s attitude regarding the proposed arrangement, their relationship with their parents, and any pertinent medical information.
After completing these interviews, the GAL compiles the information into a report. Then, they recommend to the court what actions should be taken regarding visitation, child custody, and parental responsibility.
Results of GAL Findings
While the GAL makes an informed recommendation to the court, they don’t make the definitive decision regarding the custody arrangement. The judge will review the GAL’s findings and make the final determination. GAL reports are sealed and private, so only you, your ex-spouse, and your legal teams will have access to the report.
You cannot appeal a GAL recommendation, but if you suspect misconduct, you can file a complaint with the guardian ad litem office to remove them from the case.
Navigating High-Conflict Custody Cases with Remsen Family Law Firm
Emotions are high during child custody cases. Having a guardian ad litem assigned to your case can help represent your child’s best interests. However, the lengthy process may cause further stress to an already stressful situation. During these cases, it’s essential to have a Lake County divorce attorney working with you to advocate for you and your children. Call our office today or contact us online for a consultation to discuss your case.
