Any situation that calls child custody into question is stressful and often volatile. In the process, you may hear people referencing a guardian ad litem in the case or even have one appointed to your child. It can make the situation significantly more stressful without understanding what this means. When you work with a Sherman Oaks child custody lawyer with Diarian and Bociaga, you can rest assured we will answer your questions as they arise, including helping you understand the role of a Guardian ad Litem in California and how it may affect your child and situation.
The Role of a California Guardian ad Litem
A guardian ad litem is a common role among family law courts nationwide, with slight variations. In California, a Guardian ad litem (GAL) does not act as an attorney but as a third-party representative of the child’s best interest. While a California GAL is often assigned in cases of abuse or neglect, the court may also utilize them in custody cases involving a high-conflict divorce or other legal instances where the child may need additional advocacy or a parent is otherwise at risk of losing custody.
The role of a GAL is to gain an understanding of the child’s life, situation, and preferences and advocate accordingly. They may interview the child and other adults who play an active or important role in their lives. This can include the parents, caregivers, teachers, and sometimes doctors or therapists. This information allows them to develop a comprehensive understanding of the child’s needs and how they fit into their current situation. This generally goes into a report with recommendations for the case for the judge to read.
Examples of how a CASA may impact a case include a situation in which they discover one parent consistently fails to meet the child’s needs while the other parent may be the best fit. Suppose the more appropriate parent appears to be evenly matched or disadvantaged. In that case, the GAL may submit their report with recommendations highlighting the child’s need and the more appropriate parent’s ability and willingness to meet them. They may also ensure the child’s preferences are heard if they have a strong inclination for or against a particular outcome.
Qualifications for a California Guardian ad Litem
A Guardian ad Litem may be an attorney but does not have to be. A GAL must be 18, disclose any possible or actual conflicts of interest, and they must complete an application that the court will review. A conflict of interest may be a close relationship with one of the parents or involved parties that may bias them towards one parent or the other, such as a stepparent or best friend. If a qualified adult does not volunteer to fill the role, the court may assign an attorney, social worker, CASA volunteer, or other trained court member.
If Your Child Has an Appointed Guardian ad Litem
If the court has appointed a Guardian ad Litem for your child, you may be uncertain what you should say or how to engage with them. The short answer is that you should not lie to them and may want to avoid volunteering too much information. You may also benefit from speaking directly with your attorney for tailored guidance.