The Role of a Guardian ad Litem in Child Custody Disputes

During National Child Abuse Prevention Month, it's important to know about people who help kids when parents are having disagreements. One of these people is a Guardian ad Litem (GAL). This blog will explain the Role of a Guardian ad Litem in Child Custody Disputes, like when they are chosen, what they do, and how the court uses their ideas. A GAL's job is to look out for what's best for the child.

When Does a Court Appoint a Guardian ad Litem?

In Washington State, if parents are in court because they cannot agree on a parenting plan, a judge might choose a GAL. According to the law (RCW 26.12.175), a GAL can be chosen if the judge thinks it's needed to protect the child's well-being. Parents in a custody dispute may also ask the judge to appoint a GAL if they think a GAL would be helpful to resolving the case.

What Does a Guardian ad Litem Do?

A GAL looks into the homes of both parents and then tells the court what they think is the best plan for the child. The GAL's job is to find out the facts about the parents' ability to care for the children and to report their observations to the court. A GAL can be a lawyer, a social worker, a counselor, or a trained volunteer. The judge might ask the GAL to only look at certain issues, like domestic violence, mental health issues impacting care of the child or if a parent is using drugs or alcohol. A GAL might do these things to learn more:

• Talk to the child and parents

• Look at important documents, like school and doctor records

• Talk to people who know the child or family, like teachers, relatives, and doctors

• Visit the child's homes to see how they live with each parent

  
  

The Guardian ad Litem's Report and Ideas

The GAL usually writes a report for the court. The report says what the GAL did to learn about the case, what they suggest, and why. According to Washington law (RCW 26.12.175(1)(b)), the GAL must give their report to the court at least 60 days before the trial. The GAL's ideas can include:

• Which parent the child should live with

• How much time each parent should spend with the child

• If a parent needs to have someone watch them when they're with the child

• Who gets to make big decisions about the child

• If a parent needs to do certain things to be able to see the child

  
  

How the Court Uses the GAL's Ideas

The GAL's report is usually important and can affect what the court decides. The GAL is there to represent the child's best interests. The court will listen to the GAL's ideas along with everyone else's. If the child says who they want to live with, the GAL will tell the court, and also explain if the child is saying that freely and if they understand what they're saying.

What If You Disagree With a Guardian ad Litem Report?

If you don't agree with the report, you need to tell the court why they should not listen to the GAL. It's best to use proof from someone who doesn't have a personal reason to take your side, like a professional who works with you or your child. Tell the court about important things you told the GAL that they left out of the report. You can ask the GAL why they didn't include those things. You can write a response to the GAL report for the court to consider.

Court GAL programs keep records about each GAL, including:

• Their education and training

• Length of practice as a GAL

• Fee structure

  
  

This information is available to the court.

What Can’t a Guardian ad Litem do?

A GAL does not have the authority to make decisions for the child. They cannot force a parent to change their behavior nor solve every problem that a parenting dispute may present. They can only provide recommendations to the court within the scope of their appointment and budget. 

Understanding the Role of a Guardian ad Litem in Child Custody Disputes

If you're in a custody disagreement, it's important to know what a GAL does and how their ideas can affect your case. For assistance with child custody disputes and parenting plans, call us at 206-703-0764 or contact us online to schedule a consultation.