Providing what's best for a child is sometimes blurred by emotion, assumptions, and misunderstandings. Whether it is a custody dispute, adoption dispute, or another issue with a child, including an adult child with a disability, a Guardian ad litem (GAL) may be appointed in Georgia to represent the best interests of the child who is involved in the middle of a court case. This appointment is meant to provide clarity, especially in times when emotions are running high. GALs are often attorneys appointed to represent the best interests of a child in legal proceedings. GALs do not work for nor represent parents, social workers, or agencies.
At Smith Legal Solutions, our family law attorney in Cobb County handles cases involving children not only in Marietta, but throughout all of the metropolitan Atlanta area. If you have concerns about the appointment of a GAL, we will talk you through it – we know informed clients make better decisions for themselves and their family, and so we work hard to be transparent and clear. Contact us today at (404) 595-1998 to schedule a Free 15-minute telephone consultation. and to get smart advice and strong representation on family law matters concerning children.
What is a Guardian ad Litem (GAL)?
Guardian ad Litems (GALs) have become an integral part of the court system in most jurisdictions. Generally speaking, a GAL is a person appointed by the court to serve as an independent investigator and advocate for a person whom the court feels needs protection. The GAL will gather evidence by conducting interviews, reviewing pertinent records, observing a child's living conditions and interactions with parents, and doing research. Then, they will present their conclusions to the court, often by completing a report that summarizes their recommendations and opinions.
GALs are often attorneys who have been appointed by the court to serve in a GAL capacity. It is important to remember that the role of a GAL varies from the role of a lawyer. A lawyer is their client's advocate, and the client is key to making decisions in any legal matter their lawyer represents or advises them on. A GAL, on the other hand, investigates and analyzes any given situation and, based on the findings, makes recommendations, which are reported to the court.
One important thing to note about GALs is that though a court appoints one, the parent(s), hopeful parent(s), or agency typically pays the Guardian ad litem fees.
When is a Guardian ad Litem Appointed by a Court in Georgia?
Most courts, family courts particularly, appoint a GAL when there is a decision to be made regarding the health and well-being of a minor child or an adult child who has a disability, and the parents cannot come to agreement on what that should look like. Some examples of when the court may appoint a GAL over a child include:
- Termination of parental rights cases
- Adoption, including adoption by a step-parent or foster parent
- Child custody disputes
- Allegations of child abuse
- Allegations of neglect
- Allegations of abandonment
- Disputes over an adult child with a disability
Who Can Be Subject to a Guardian ad Litem?
While generally speaking, a GAL is appointed when it is in the best interest of the child. "Best interests of the child," however, is somewhat of a catch-all term. In reality, the court can, and often does, appoint GALs for any scenario where a child is in need of protection.
Guardians ad Litem for Adopted or Foster Children
A Guardian ad litem is often appointed in adoption and foster care cases. Adoption requires the termination of parental rights, and this can be a lengthy process. The matter can be all the more complicated when a parent refuses to agree to an adoption (by, for example, a stepparent or foster parent) but is nonetheless absent in the child's life. Abandonment is a reason to terminate parental rights, but it requires the court's approval.
Throughout all these legal procedures, a Guardian ad litem is appointed to meet with the child, the parents (if available), and the adults who hope to adopt or continue to foster the child. The ultimate goal is to provide the judge with a comprehensive report on the family, the abandonment or abuse allegations, and the final recommendations.
What Does a Guardian ad Litem Do?
GAL services cover a wide range of responsibilities, and while they differ from state to state, some of the more common are listed below.
- Performing interviews to help them better recommend what is in the best interest of a child (person in need of protection)
- Meeting with the child to determine what their needs and wants are, as well as their ability to make decisions
- Advocating for the best interest of the child
- Appearing in court to present their recommendations
- Presenting a thoroughly researched and organized report of their findings to the court
- Determining whether or not the child should have their own legal counsel
A Guardian ad litem has many responsibilities. It is important that they perform their job as required by the laws of their state because judges tend to rely on their recommendations and reports when making a ruling.
What Qualifications Must a Guardian ad Litem Have?
Each state sets its own standards or qualifications for a Guardian ad litem, but generally, a GAL should have minimal training in child-related issues, like:
- Permanency plans
- Parenting plans
- Child development
- Relevant case law
- Childhood trauma issues
- Child protection services
Prospective GALs may also undergo background checks, including criminal history and child abuse registry checks. These background checks are meant to ensure suitability to work with vulnerable people.
Can a Parent Request a Guardian ad Litem in Georgia?
A parent can request the appointment of a GAL during custody or divorce proceedings. A judge will determine the value and necessity, and upon that determination, will decide whether to appoint the GAL or not.
A GAL should not be requested if a parent assumes the GAL will advocate their specific interests. The GAL's duty is to represent the best interest of the child instead of one or both parents.
How Does a Judge Determine Whether to Appoint a Guardian ad litem?
In Georgia, a judge determines whether to appoint a Guardian ad Litem based on whether the child's best interests require independent investigation and representation within the legal process. While the decision is ultimately discretionary, judges consider several key factors and circumstances that may justify a GAL's involvement.
Factors to be considered often include but are not limited to:
- A parent's right to the care, custody, and control of their children
- The nature and adequacy of available or obtainable evidence
- The court′s need for additional information and/or assistance
- The parties have vastly different claims about what custody arrangement is best
- There are allegations of parental alienation or obstruction of visitation
- Allegations of abuse, neglect, domestic violence, or substance abuse
- Concerns about a parent's mental health or fitness.
When is the Guardian ad Litem No Longer Needed?
In all honesty, this is not a very easy question to answer. In some cases, the role of the GAL is minor and they may have their duties completed in a day. Other cases, however, are long and drawn out, and the GAL may be involved for an extended duration.
The length of involvement depends on the particular circumstances of each case. Most courts will like to keep the GAL involved until there is a final resolution in the matter, however long that might take.
Can the Role of a Guardian ad Litem be Terminated?
The termination of a guardian ad litem (GAL) may vary depending on the jurisdiction and the specific circumstances of the case. However, there are some general situations where a GAL may be terminated, which include:
- Completion of the duties. Once the GAL has completed their investigation, provided their recommendations, and advocated for the child's best interests throughout the adoption proceedings, their role may be terminated.
- Adoption finalization. Once an adoption is finalized, the court may terminate the GAL's appointment, as their role is no longer necessary.
- Conflict of interest. If the GAL develops a conflict of interest or bias, such as a personal relationship with one of the parties involved, they may be terminated to ensure the impartiality of the proceedings.
- Resignation or removal. The GAL may also be terminated if they resign from their appointment or are removed by the court due to a violation of their ethical responsibilities or failure to perform their duties effectively.
Can I Challenge a Guardian ad Litem Report?
Circumstances can arise where it may be appropriate to challenge the report of the GAL. Determining when it is appropriate will generally require the assistance of an attorney who is well-versed in the GAL process. The attorney will evaluate if the GAL committed any errors, neglected relevant information, or has an unsupported conclusion upon which a challenge may be based.
Contact a Family Law Lawyer in Atlanta Today
If you have a family law issue involving a child, our family law lawyer at Smith Legal Solutions in Georgia will address your concerns and guide you through the process. Contact us by filling out the online form or calling us at (404) 595-1998 to schedule a Free 15-minute telephone consultation.
