What Is a Guardian Ad Litem in Florida?
Short answer: A guardian ad litem (GAL) is a person appointed by a Florida court to investigate and advocate for a child's best interests in a case that affects the child, such as a custody dispute or a dependency case. The GAL is not either parent's lawyer. The GAL gathers information, talks with the child and the family, and makes recommendations to the judge.
If you have just learned a guardian ad litem has been appointed in your case, you probably have questions. The term is Latin for a guardian "for the suit," and the role is simple to describe: someone whose job is to look out for the child's interests while the adults' case is decided.
Who can be a guardian ad litem
In Florida, a GAL may be a trained volunteer working with the Statewide Guardian ad Litem Office, a staff member of that office, or an attorney appointed in a family case. In dependency cases, the GAL often works as part of a team that includes volunteers, case coordinators and program attorneys.
When a GAL is involved
- Dependency cases, where the state alleges abuse, abandonment or neglect. Florida law calls for a GAL to be appointed in these cases.
- Family court cases, such as divorce, paternity or modification cases, where the judge decides a GAL would help determine the child's best interests, or where there are allegations of abuse or neglect.
What a GAL does
- Investigates. Reviews records and court filings, and may request school, medical and counseling information.
- Interviews. Talks with the child, each parent, and others who know the child, such as teachers or relatives.
- Observes. Often visits each home and observes the child with each parent.
- Reports. Shares findings and recommendations with the court.
- Advocates. Participates in hearings to represent the child's best interests.
Best interests, not wishes: A GAL represents the child's best interests, which may or may not match what the child wants. That is a key difference from a lawyer who represents a child's wishes.
What a GAL is not
A GAL is
- A neutral investigator for the court
- Focused on the child's best interests
- Someone who makes recommendations
A GAL is not
- Your lawyer or the other parent's lawyer
- The judge; the GAL does not decide the case
- A therapist for the family
The guardian ad litem's client is the child's well-being, not either parent's position.
How to approach the GAL
Be honest, organized and child-focused. Cooperate with scheduling, provide requested records, and avoid criticizing the other parent in front of the child. Read how to prepare for a guardian ad litem home visit.
When to talk to a lawyer
A GAL's recommendations can carry significant weight. Heather Harris Law handles guardian ad litem and time-sharing matters for Brevard County families and can help you understand what the process will look like in your case.
Frequently asked questions
Is a guardian ad litem a lawyer?
Not always. In Florida, a GAL may be a trained volunteer, a GAL Office staff member or an attorney. In every case, the GAL represents the child's best interests rather than either parent.
Does the guardian ad litem decide custody?
No. The GAL makes recommendations, but the judge makes the decision after considering all of the evidence.
Does my child have to talk to the guardian ad litem?
The GAL will usually meet with the child, in an age-appropriate way. Parents should allow that contact and avoid coaching the child.
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.