Your family lawyer can help you understand the GAL’s role in your case and respond to the conclusions they reach. At Beller Law, PL, we help parents understand what the GAL does and what they are looking for. Rebeccah Beller has more than 25 years of trial experience and personally handles every case. Our team provides compassionate, education-focused representation in Duval, Clay, and St. Johns counties.
What Is a Guardian Ad Litem?
When parents separate, they determine how they will divide parenting duties, make important decisions about their child’s upbringing, and spend time with their child. When parents cannot agree on those issues, each parent presents evidence regarding the issues they disagree on at a hearing. In certain contested cases, the court may decide to appoint an independent person to investigate those matters: a Guardian ad Litem.
So, what is a Guardian ad Litem? You may see the term “next friend” to describe a Guardian ad Litem, meaning someone who is legally authorized to protect a child’s interests during a legal case. While attorneys often serve as GALs, others who complete specialized training may also serve in the role.
What Is the Purpose of a Guardian Ad Litem?
The GAL serves as an investigator, custody evaluator, or both. The GAL gives the court an independent assessment of the child’s circumstances and needs. The GAL typically investigates the child’s:
- Safety,
- Development,
- Relationships,
- Routine, and
- Connections to each household.
A GAL may also report the child’s wishes, but they are not binding. The GAL may conclude that another arrangement would better protect the child’s overall welfare.
When Does the Court Appoint a Guardian Ad Litem?
Either parent may ask the court to appoint a GAL during custody proceedings. The judge can also decide to appoint a GAL on their own if they conclude that an independent investigation would provide crucial clarity on what arrangement serves the child’s best interests. A judge may appoint a GAL when, for example, the parents give significantly conflicting accounts about:
- Who meets the child’s daily needs,
- The child’s relationship with each parent, or
- Whether either household presents safety concerns.
The GAL can also speak with others in the child’s life that offer perspectives the parents do not, such as:
- Teachers,
- Health care providers, or
- Relatives.
Florida law requires an appointment when the case includes allegations of child abuse, abandonment, or neglect. After a parent makes an allegation, the judge examines what evidence the parent offered to show that the abuse occurred. If the judge determines that the allegation is well-founded, the court must appoint a GAL.
What Does a Guardian Ad Litem Do?
The judge appoints the GAL by issuing an order naming them and defining the scope of the investigation. The GAL typically:
- Interviews the parents, child, relatives, teachers, and other knowledgeable people;
- Reviews relevant records and may request information from health care or mental health professionals;
- Evaluates the collected information and considers whether additional professional input would help; and
- Prepares findings and recommendations for the court.
Florida law requires the GAL to file a written report, which they typically must serve on each parent at least 20 days before the custody hearing. The GAL may also offer testimony or oral recommendations.
The judge may give the GAL’s views substantial weight because they come from an independent investigation by someone trained to evaluate custody matters. Still, the recommendations do not bind the court. The judge may accept, reject, or modify them after considering the full record, including the evidence each parent presents.
If you disagree with the conclusions in a GAL’s report, your attorney can help you present evidence showing what you disagree with and why. A family law attorney can help you identify factual errors, explain missing context, and determine whether other evidence challenges the GAL’s conclusions.
Get Guidance During a Florida GAL Investigation
The information a GAL provides can shape how the court approaches a custody arrangement. Your family lawyer can help you decide whether to request a GAL appointment and, if one is appointed, explain why the court made the appointment, what the GAL will investigate, and how the report may influence the judge’s decision.
Beller Law, PL, can help. Our team emphasizes clear guidance, compassionate service, and timely results. Contact us today to discuss your custody case.