What Is a Guardian Ad Litem?

By Jarbath Pena Law Group

Navigating legal proceedings involving children can be overwhelming, especially when determining the child’s best interests. This is where a Guardian Ad Litem (GAL) steps in. Appointed by the court, a GAL advocates for the child’s well-being in legal cases, ensuring that the child’s voice is heard and their best interests are prioritized. If you’re facing a family law dispute or other child-related case in Florida, understanding the role of a GAL could be essential for safeguarding your child’s future.

Guardian Ad Litem Definition

A Guardian Ad Litem is an individual, typically appointed by a judge, whose role is to represent the best interests of a child involved in legal proceedings. Unlike an attorney, whose duty is to represent their client’s desires, a GAL’s primary responsibility is to ensure that the court acts in a way that protects the child’s well-being, even if it conflicts with the child’s expressed wishes.

In cases such as divorce, custody disputes, dependency matters, or cases of alleged abuse or neglect, a GAL acts as the child’s advocate. They may conduct investigations, interview the child and other relevant parties, and provide the court with a report on what would be in the child’s best interests. This report can influence critical decisions such as custody arrangements, visitation schedules, and other matters that directly impact the child’s life.

Who Can Be a Guardian Ad Litem in Florida?

In Florida, a GAL can be a trained volunteer, attorney, or other qualified professional. Florida has a robust Guardian Ad Litem Program, which allows both legal professionals and non-lawyers to take on this role, provided they meet specific training and background check requirements.

• Volunteers: These individuals do not need to have legal experience but must undergo comprehensive training and pass a background check. Volunteers work alongside attorneys and child advocacy professionals.

  
  

• Attorneys: In some cases, a judge may appoint an attorney to serve as the GAL, particularly in more complex or high-stakes cases.

  
  

• Professionals: Social workers, psychologists, or other child welfare experts may also be appointed as GALs in certain circumstances.

  
  

Regardless of the individual’s background, they must be impartial and committed to representing the child’s best interests without bias.

Does a Guardian Ad Litem Cost Money?

The cost of a GAL can vary depending on the case and the type of GAL assigned. In Florida, when the state Guardian Ad Litem Program appoints a GAL, there is typically no cost to the parties involved. This typically happens in Dependency cases. This is because the state provides funding for volunteers who serve in this capacity, allowing families in need to receive assistance without financial burden. This is unlikely to happen in private family cases.

However, in cases where the court appoints a private attorney to serve as a GAL, the parties may be responsible for paying legal fees. The court usually considers the financial situation of the parties before deciding whether to appoint a paid GAL. In many situations, especially in family law cases, the costs may be split between both parents—or the parent with greater financial resources may bear the majority of the cost.

How Do I Get a Guardian Ad Litem?

If you believe a Guardian Ad Litem is necessary for your case, there are several ways to request one:

• Request from the Court: In most cases, either party involved in the legal dispute can request the appointment of a GAL by submitting a formal motion to the court. The judge will evaluate whether the appointment of a GAL is appropriate, based on the circumstances of the case.

  
  

• Court-Appointed GAL: In cases involving child abuse, neglect, or dependency matters, the court may automatically appoint a GAL without a formal request. These are typically handled by Florida’s state-run Guardian Ad Litem Program.

  
  

• Private Appointment: If you believe that your case would benefit from a GAL, but the court has not appointed one, you may also explore the option of hiring a private GAL. Speak with your attorney to determine if this is an option and whether it is appropriate for your situation.

  
  

Once a GAL is appointed, they will begin their investigation and may meet with the child, parents, relatives, teachers, and others involved in the child’s life. Their goal is to gather a complete picture of the child’s needs and report their findings to the court.

How Do I Know If My Case Requires a Guardian Ad Litem?

Not every case involving children requires a Guardian Ad Litem. Typically, judges will want to use a GAL in more contentious cases where it’s difficult for the court to determine what is truly in the child’s best interests. Some scenarios where a GAL may be beneficial or required include:

• Contentious Custody Disputes: If parents are engaged in a bitter custody battle, and the court feels that the child’s interests may not be fully represented, it may appoint a GAL to provide an unbiased perspective.

  
  

• Allegations of Abuse or Neglect: In cases where there are allegations of child abuse or neglect, a court will often appoint a GAL to represent the child’s best interests and to protect the child from harm.

  
  

• Dependency Hearings: In cases where DCF removes a child from their home and places them in foster care, a GAL can monitor the child’s well-being and advocate for their needs during court proceedings.

  
  

• Other Complex Family Law Issues: Even when no allegations of abuse exist, if the court believes that the complexity of the situation warrants additional oversight, it may secure a GAL for the case.

  
  

If you’re unsure whether your case requires a GAL, consult with an experienced attorney from the Jarbath Peña Law Group. We are experienced in family law. We can help with your divorce or custody case, evaluate the unique circumstances of your case, and advise you as to whether a GAL would benefit you or your child. 

Jarbath Peña Law Group Is Here to Help

A Guardian Ad Litem serves a vital role in protecting the best interests of children during legal proceedings. Whether through the state’s program or a private appointment, a GAL can provide an unbiased, thorough analysis of what is in the child’s best interests. This can be particularly valuable in cases where parental conflict, allegations of abuse, or complex family law issues are present.

If you’re involved in a legal matter where the well-being of a child is at stake, you may benefit from the appointment of a Guardian Ad Litem. Speak with an attorney from the Jarbath Peña Law Group to discuss your case. Contact us today. We will help you protect your child and get the best outcome for your case.