Introduction

What is a guardian ad litem (GAL)?

What determines whether a GAL becomes involved in a case?

How is a GAL appointed?

What is the GAL's role?

Will the GAL meet with my child and me?

How does the GAL investigate issues that affect my child?

What factors does the GAL consider in the investigation?

What happens when the GAL completes the investigation?

Can I change GALs?

How long will the GAL be involved in my case?

Introduction

In 1980, the State Court System of Florida began implementing a unique court volunteer program designed to assist abused and neglected children. It is called the State of Florida Guardian Ad Litem Program. The role of the Guardian Ad Litem Program is to represent the best interests of abused and neglected children in the judicial system. Today the appointment of a Guardian Ad Litem is mandated in all juvenile dependency and divorce custody cases involving an allegation of child abuse or neglect, and in all criminal cases if the child is a victim or witness to a crime. A guardian may only be appointed, however, to represent a child in official court proceedings and not in other special hearings. Florida has twenty (20) judicial circuits, and Guardian Ad Litem programs are organized in each circuit

What is a guardian ad litem (GAL)?

A Guardian is a specially trained volunteer appointed as an officer of the court to ensure that the best interests of the child are protected while the child is a ward of the court. Before Guardians Ad Litem were available to represent children, state officials were often faced with conflicts of interests which prohibited them from acting in the best interests of the child. For example, by law, in dependency cases, the Department of Children and Families is required to consider the needs of the family and not only the needs of the child. The Guardian is distinct from the Department and has the ability to explore solely what is in an individual child's best interests.

The Guardian Ad Litem has 5 basic roles. First, the Guardian is an investigator. This involves, among other things, interviewing family, friends, relatives, neighbors, and members of the child's school. Second, the Guardian is a reporter. The Guardian compiles the information obtained in his or her investigation and writes a detailed report for the court. Third, the Guardian is a protector. The Guardian protects the child from insensitive questioning and often harmful effects of being embroiled in the adversarial court process. Fourth, the Guardian is a spokesperson to assure that the best interests of the child are presented to the court and agencies dealing with the child. Finally, the Guardian serves as a monitor of the agencies and persons who provide services to the child. The Guardian assures that the orders of the court are carried out and that families and children in need receive the help they should. The role of the Guardian is not to replace legal counsel or the social worker, rather the Guardian supplements these efforts

What determines whether a GAL becomes involved in a case?

When parents cannot agree on custody or placement, the court must appoint a GAL. Usually, the parties first must try mediation to reach an agreement. If mediation fails or is inappropriate for some legal reason, the court will appoint a GAL to assist the court in deciding custody or placement. The court also will appoint a GAL if the court has special concern for the welfare of a minor child. Although the GAL generally is appointed in the beginning of a case, the court can appoint a GAL any time in the proceeding when the best interests of the children are at issue.

How is a GAL appointed?

A GAL is appointed by a  judge, acting alone or when asked by one of the parents. The procedure varies -- some counties have lists of attorneys who take GAL appointments, other counties have contracts with specific attorneys for GAL appointments.

What is the Gal's role?

The volunteer guardian ad litem acts as the child's advocate. He or she does not replace legal counsel or the social worker, nor do guardians ad litem assume the role of surrogate parent. Program personnel have the authority to assign individual volunteers to perform specific duties in cases and to remove volunteers from a case whenever such action is deemed appropriate.

Will the GAL meet with my child and me?

The GAL will meet with both parents, usually separately and in the Gal's office. The GAL also will decide whether and when to meet with your child, which could be in the Gal's office, each parent's home, the child's school, or another location.

How does the GAL investigate issues that affect my child?

The GAL investigates facts that are relevant to the issues in your case. The GAL also may review relevant records, such as school, medical, or mental health records for which you may be asked to sign a release.

The GAL may ask other experts, such as a social worker or a psychologist, to provide input and possible future testimony regarding the case. If there are problems with alcohol or drugs, the GAL may ask the judge to order a parent to have screening tests.

What factors does the GAL consider in the investigation?

In investigating and developing input for the court's consideration, the GAL must consider:

• The wishes of your child and both parents;

• Your child's interaction and relationship with you and other family members;

• The amount and quality of time you have spent with your child in the past;

• Any necessary and reasonable custodial and lifestyle changes you propose to make to spend time with your child in the future;

• Your child's adjustment to home, school, religion, and community;

• Your child's age and developmental and educational needs at various ages;

• The mental and physical health of your child and both parents;

• The need for regularly occurring and meaningful placement to provide predictability and stability for your child;

• Availability of child care services;

• The cooperation and communication between parents and whether either one unreasonably refuses to cooperate or communicate with the other;

• A parent's likelihood to interfere in the other parent's continuing relationship with the child;

• Any physical abuse or problems with alcohol or drugs; and other significant factors that would affect your child's well-being.

What happens when the GAL completes the investigation?

The GAL will give the parents and/or attorneys a preliminary summary of what the GAL will present to the judge. The summary could change depending upon additional evidence or facts that are uncovered. Generally, the parents' attorneys will discuss the Gal's preliminary recommendations with their clients. If the parents cannot agree, the case is prepared for trial before the judge, who will make the final decision.

Can I change GALs?

There are very limited circumstances in which a new GAL would be assigned to your case. Only the judge can remove a GAL.

How long will the GAL be involved in my case?

By statute, the GAL serves in a case until either the parents reach a written agreement resolving the issues and the judge approves it, or there is a hearing and the judge decides the case. The judge can discharge the GAL if one is no longer necessary. If your case is appealed, the GAL is involved in the appeal process unless the court orders otherwise. If a new motion is filed in your case in the future, the judge may reappoint the same or a different GAL as an advocate for your child's best interests.