English
EspañolWhat is a guardian ad litem? Can I ask for a GAL or object to a GAL being appointed?
A guardian “ad litem” is a Latin phrase meaning a guardian “for the purpose of the legal action only.” (It is usually abbreviated “GAL”). Therefore, generally the guardian may be appointed during the court case but might not continue to have any involvement after the court case is over. A GAL may be a lawyer or a non-lawyer. Generally, the GAL may be appointed to represent the child in the same way that a lawyer may represent an adult client, by advocating for what the child wants if the child is old enough to have an informed opinion. However, depending on the child’s age and on your state’s rules regarding the role of a GAL, the GAL’s role might not be to advocate for what the child wants but rather to advocate for what the GAL thinks is in the child’s best interests. Each state handles the appointments of GALs differently so I cannot speak specifically to what a GAL would do in [STATE].
If a court case involves a child, such as in a custody or divorce case or in a protection order case where a parent wants a child to be included, it may be possible that the judge will decide to appoint a GAL.
[INCLUDE THIS IF THERE IS NO GAL AND YOU THINK PARENT MAY WANT ONE: In some states, even if the judge doesn’t suggest a GAL, a parent may be able to request one if s/he believes that the child’s voice is not being heard. I can’t tell you whether or not this would be a good move in your case since I can’t analyze situations and give advice. You may want to think through the pros and cons for your specific case with an attorney. If you decide to request one, you’d want to ask an attorney HYPERLINK how to best request that a GAL be appointed and what are the best legal arguments to make to support your position.]
[INCLUDE THIS IF THE PARENT DOESN’T WANT A GAL: If the judge suggests a GAL or if the other parent requests one but you do not want a GAL involved, you may want to ask an attorney HYPERLINK how to best object to the GAL being appointed and what are the best legal arguments to make to support your position.]
