What Does a Guardian Ad Litem Do in a Custody Case?

Short answer: In a Florida custody case, a guardian ad litem investigates the child's circumstances by reviewing records, interviewing the child, the parents and others, and visiting each home. The GAL then makes recommendations to the court about time-sharing and decision-making based on the child's best interests, and may participate in hearings.

Once a guardian ad litem is appointed in a time-sharing case, the GAL's work follows a fairly consistent pattern. Knowing what to expect helps you participate in a calm, organized way.

A typical GAL investigation

  1. Review the file. The GAL reads the pleadings, prior orders and anything the court has received.
  2. Meet each parent. Each parent usually has a separate interview to share their perspective and concerns.
  3. Meet the child. The GAL talks with the child in an age-appropriate way, often more than once.
  4. Visit each home. Home visits let the GAL observe the child's environment and interactions with each parent.
  5. Contact collateral sources. Teachers, counselors, pediatricians, coaches and relatives may be interviewed.
  6. Review records. School, medical and counseling records, when authorized.
  7. Report and recommend. The GAL shares findings and recommendations with the court and participates in hearings.

What the GAL has authority to do

Florida law gives guardians ad litem in family cases significant authority, such as access to the child and to relevant records, the ability to interview people with information about the child, and the ability to participate in court proceedings. The appointment order may describe that authority in more detail.

Not confidential: Everything you say to the GAL can be included in the GAL's report to the court. Unlike mediation, the GAL's investigation is not confidential.

How to work with the GAL

Helpful

  • Responding promptly to scheduling requests
  • Providing records and a list of people who know your child
  • Focusing on the child's needs
  • Being candid about challenges

Unhelpful

  • Missing appointments
  • Coaching the child on what to say
  • Flooding the GAL with criticism of the other parent
  • Hiding problems that will come out anyway
The GAL is looking for the parent who can see the child clearly, even when the other parent is in the picture.

When to talk to a lawyer

Heather Harris Law helps Brevard County parents prepare for each stage of a guardian ad litem investigation. See what a guardian ad litem looks for and preparing for the home visit.

Frequently asked questions

How long does a guardian ad litem investigation take?

It varies with the case. Many investigations take several weeks to a few months, depending on how many people and records the GAL needs to review.

Will the GAL talk to my child's teacher?

Often, yes. Teachers, counselors and doctors are common sources of information about a child's well-being.

Is what I tell the GAL confidential?

No. The GAL may include what you say in reports and recommendations to the court.

Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.