How Guardians ad Litem Work in California Family Law Cases

Divorces involving children can be complex, easily turning heated if the parents cannot come to an agreement on child custody, child support, or visitation issues. But amid the back-and-forth between the parents, who is looking out for the interests of the children? California family law courts’ rulings are guided by the best interests of the children, so they are required to see that those interests are served. In some cases, the court may appoint a guardian ad litem (GAL) to ensure that a child’s interests are adequately protected. If you’d like to seek the appointment of a GAL, a Stockton family law attorney can help you. 

What Are Guardians ad Litem? 

A GAL is a legal advocate appointed by the court to represent the best interests of minors or other legally incapacitated persons in legal proceedings. GALs must be neutral third parties (i.e., no conflicts of interest) and generally must have a background in law, social work, psychology, or a related field, as well as undergo a background check. Once appointed, the GAL acts as the child’s representative (not their attorney). Their duties vary from case to case, but can include interviewing the child and other relevant individuals, conducting home visits, reviewing medical and educational records, making recommendations to the court, and testifying as to their findings. While judges are not bound by a GAL’s recommendations, they give them considerable weight. 

When Are Guardians ad Litem Appointed? 

Either party to a family law matter or their lawyer may request the appointment of a GAL. The court may also appoint one on its own initiative if it thinks the circumstances merit it. In other words, the appointment of GALs is not automatic; they are typically appointed in cases involving the following issues: 

• Allegations of neglect or domestic violence 
• Parents who are minors 
• Substance abuse or mental illness of one or both parents
• Developmental or emotional disabilities of the child
• High-conflict disputes in which both parents are highly combative 
• Termination of parental rights 
• Grandparent rights 

To put it simply, courts appoint GALs when they have reason to believe that the child’s best interests may not be getting the consideration they deserve. 

How Are GALs Different From Minors’ Counsel? 

GALs and minors’ counsel serve similar roles — they represent the interests of children in family law matters. But there are some important distinctions. GALs do not serve in a legal capacity; they merely investigate and make recommendations. Minors’ counsel serve in a legal capacity, performing all of the traditional functions of family law attorneys and advocating for the child’s wishes in addition to advocating for their best interests. Generally, the older and more mature the child is, the more appropriate a minor’s counsel is over a GAL. 

Make Sure Your Child’s Interests Are Represented With Help From a Stockton Family Law Attorney 

For more information about GALs and how the appointment of one might affect your family law matter, please contact a Stockton family law attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.