What is a guardian ad litem and do I need one in my divorce or parental rights and responsibilities case?

A guardian ad litem (GAL) is an individual, usually an attorney, appointed by the court to represent the best interests of a child or children in a divorce or parental rights and responsibilities case.  It is important to note that the best interests of the child may or may not be the same as what the child wants.  In fact, the child’s preference is just one of many factors that the GAL considers in determining the child’s best interests.  The GAL conducts his or her own investigation of the family situation.  Based on that investigation and the GAL’s independent judgment, he or she reports his or her findings and makes recommendations to the court as to the child’s residence, parent-child contact, and any other issues relating to the child.

If you have minor children and you are going through a divorce or are seeking a court determination of parental rights and responsibilities, you may want to consider requesting that a GAL be appointed in your case.  A GAL can be especially valuable in cases with high conflict.  If you are considering a GAL for your family law case, please contact Molly J. Watson.