When a family is going through a Divorce or Timesharing (Child Custody) case, the emotional impact on any minor child involved can be profound. Our Team at The Marks Law Firm, P.A. – Family Law & Divorce Attorneys in Orlando, advocates for what is in the best interest of the family overall, especially minor children. In certain cases, the Court may appoint a Guardian ad Litem (GAL) when appropriate.
Who is a Guardian ad Litem?
A Guardian ad Litem is a Court-appointed advocate whose sole focus is to determine the best interests of the child or children in a Family Law matter. Unlike an Attorney who represents a Husband or Wife in a Divorce, the GAL acts as an objective third party, investigating the circumstances of the case and making recommendations to the Court based on what is in the child’s best interest. The GAL may be a licensed Attorney but does not necessarily serve in the role of legal counsel for the child. Instead, he or she will be a voice for the child, rather a legal guide in the traditional sense.
When is it appropriate for a GAL to be Present?
In Florida Family Law cases, a GAL is typically appointed in situations where there are significant concerns about the child’s safety. Examples can include:
- Claims of abuse or neglect
- High-conflict Timesharing challenges
- Parental alienation concerns
- Disputes over potential Relocation
- Complex psychological or medical issues affecting the child or children
The Court may appoint a GAL on its own initiative, or upon request from one of the parties involved. The ultimate goal is to gain a clear and objective picture of what living arrangement and Parenting Plan would be most beneficial for the child.
What does a Guardian ad Litem Contribute?
Once appointed, the GAL will begin an independent investigation into the family’s circumstances. Common steps may be as follows:
- Interviewing children, parents, teachers, doctors, and other relevant individuals
- Reviewing education/medical records, as well as any previous Court documents
- Observing the child in different environments (with each parent, at school, or in extracurricular settings)
- Communicating with counselors or mental health professionals involved in the child’s life
Following this comprehensive investigation, the GAL prepares a written report with detailed findings and recommendations for the Court. These recommendations may include Timesharing/Custody schedules, therapy referrals, etc. While the GAL’s report is not binding, Judges give it substantial weight because of the GAL’s neutral and child-focused position.
How Might GAL Make a Difference?
A Guardian ad Litem brings a unique and helpful perspective to Family Law cases. Their involvement can help de-escalate conflict by providing a neutral assessment of the child’s needs. In some instances, the GAL’s report can lead to more informed decisions that minimize harm to the child and create a more stable and supportive Post-Divorce environment.
Divorce and Timesharing matters may be hard to navigate, but with qualified professionals in place, Family Law Clients can arrive at a resolution with empathy and grace. Unsure if a Guardian ad Litem would be beneficial for your case? Contact our Central Florida Family Law Attorneys at The Marks Law Firm, P.A. for an initial consultation or referral today.