While there are many issues in a typical divorce that can easily spill over into contentious disputes, issues surrounding child custody and parenting time are particularly prone to instigating bitter and drawn out fights. The sustained and entrenched positions parents may take in these situations certainly make sense when one considers a decision ordered by a court will shape the future trajectory of a child’s life. A recent article in the Indianapolis Star looks at the formation of unconventional family units that grow out of circumstances created by parents who are unable or unfit to raise their children. Many of these children end up living with grandparents who reassume the role of primary caregiver at a time when most people of similar age are planning retirement and relaxation. The Villages is a non-profit child welfare agency that offers support services to caregivers and children in nontraditional family units in an effort to provide stability and support from others in the same situation. These types of cases commonly involve an additional player who provides secondary support and recommendations to the court – a guardian ad litem (GAL). While traditionally assigned to represent a child’s interest in child abuse and neglect cases, judges are starting to routinely appoint GAL in divorce and paternity matters when the safety of the child is called into question. An overview of the role of GALs in family law cases will appear below given their growing use.
Who is a GAL?
A GAL is a court-appointed volunteer who is responsible for representing the child’s interest in family law cases. GALs may be attorneys or social workers, but it very common for these volunteers to be everyday citizens that wish to make a positive contribution to the legal system. Volunteers who do not have formal legal or child welfare experience receive specialized training on the application of law to children in family law matters. As of 2014, there were over 3,000 GAL volunteers in the state of Indiana.
The Role of the GAL
GALs can be appointed on the court’s own motion or upon the request of any party in family law case. GALs speak on behalf of the child in the courtroom and in interactions with social service agencies but does not represent the child in legal sense. Their role is more advisory. The goal for GALs is to protect the safety and emotional well-being of the child and ensure the child lives in a healthy environment. GALs accomplish this goal by investigating the child’s home situation, monitoring compliance with court orders, providing reports to the court, and obtaining any services a child may need. When it comes to investigating a child’s home situation, the GAL will interview the parents, family members, the child and others who know the child. They also review any written reports or records concerning the child. The report the GAL provides the court, while not binding on the judge, does carry great weight and discloses the GAL’s recommendation on who should have custody and any social services the child should receive. Because a GAL has the court’s ear on the interests of the child, it is best for parents to fully cooperate with their requests and understand the GAL is not there with an agenda against either parent, but rather acts as a disinterested third party seeking to learn what is best for the child.
Contact a Family Law Attorney
If you are facing a drawn out custody battle for your child, you need an attorney to represent your interests with the court to help you retain the maximum amount of parental control allowed by law. Christopher L. Arrington, P.C. is a family law attorney in central Indiana who aims to find the best solutions for his clients and their children. Contact him to schedule an appointment.