In some family law cases there is a person appointed to represent the best interest of the child. The guardian ad litem, frequently abbreviated “GAL,” is a trained volunteer who is appointed by the court to represent the best interest of the child pursuant to Indiana Code 31-9-2-50. Indiana law states that the GAL shall provide the child with services requested by the court, including researching, examining, advocating, facilitating, and/or monitoring the child’s situation. The GAL does not represent the child per se, but they do represent the child’s “best interests” in the case.

A GAL, sometimes referred to as a Court Appointed Special Advocate (CASA), is typically appointed in abuse and neglect cases or in cases where a child is the subject of a termination of parental rights. Indiana courts allow the appointments of a GAL or CASA in divorce and paternity suits, as well. This typically occurs in cases where the custody of the child is contested within a divorce.

The Role of a GAL

This role may be confusing to those who are unfamiliar with GALs and their purpose in a family law case, however they do not represent the child in the way that an attorney represents a client. Often the appointed GAL may be an attorney, however that is not required to become a GAL. The Indiana courts do require that a GAL complete special training prior to become a GAL volunteer. The training a GAL undergoes covers topics such as dissolution, paternity, child abuse, guardianship, ethics, and more.

A GAL does not enter the case until ordered by a judge. The GAL volunteer does a number of things in a case to assist in determining the child’s best interests. Often the GAL will conduct a home visit and interview family, including parents or stepparents, significant others, or any other family involved in the home. Sometimes a GAL will review medical records or speak with a child’s teacher. All of this is done so that the GAL can properly investigate the child’s situation and give a recommendation to the court regarding the custody of the child. The GAL may report on the child’s living arrangement, relationships, custody situation, and/or parenting time.  The report and recommendation to the court is an independent assessment of the child’s situation.

If a GAL is appointed in a case, the cost of the GAL’s services is typically split between the parties. The court may, however, order the parties split the costs differently depending on each spouse’s financial status.

Still Have Questions?

You can visit the Indiana Courts website to learn more about the GAL/CASA program. Likewise, you can contact a local attorney if a GAL has been appointed in your family case or if you have questions.  Attorney Christopher L. Arrington has years of practice in Danville and surrounding counties in family law matters. If you have questions about the GAL/CASA in your case, the program in general, or questions concerning your family law matter, contact the office today.