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Guardian Ad Litem (GAL) Services
Full Service
Limited Service/Appointment
Limited Service/Appointment
- Full investigation (interviews, collection and review of records, home and school visits, and/or custody exchange observations); and
- Written report with recommendations for the Court.
- Able to be appointed early and stay with case until released by Court or upon final order, whichever is first.
Limited Service/Appointment
Limited Service/Appointment
Limited Service/Appointment
- When full services are not needed and maybe just a limited issue needs to be investigated or if limited funds, then a small scale investigation is made.
- Options for oral report only if approved by Court for reduced cost.
- Appointed to case just fo the scope of the limited investigation and recommendation then released.
What is a GAL?
A Guardian ad Litem (GAL) in GA is a objective and independent professional, usually a lawyer, appointed by a court to help determine what is in the best interest of a child or minor party involved in family matters or child protection cases.
What does “ad litem” mean? The term “guardian ad litem” comes from Latin, and means “guardian for the case.”
Qualification of a GAL
A GAL shall receive such training as provided by or approved by the Circuit in which the GAL serves. This training should include, but not be limited to, instruction in the following subjects: domestic relations law and procedure, including the appropriate standard to be applied in the case; domestic relations courtroom procedure; role, duties, and responsibilities of a GAL; recognition and assessment of a child’s best interests; methods of performing a child custody/visitation investigation; methods of obtaining relevant information concerning a child’s best interest; the ethical obligations of a GAL, including the relationship between the GAL and counsel, the GAL and the child, and the GAL and the court; recognition of cultural and economic diversity in families and communities; base child development, needs, and abilities at different ages; interviewing techniques; communicating with children; family dynamics and dysfunction, domestic violence and substance abuse; recognition of issues of child abuse; and available services for child welfare, family preservation, medical, mental health, educational, and special needs, including placement/evaluation/diagnostic treatment services.
See Superior Court Rule 24.9(2)
Role/Responsibilities of a GAL
The GAL shall represent the best interests of the child. The GAL is an officer of the court and shall assist the court and the parties in reaching a decision regarding child custody, visitation and child-related issues.
Should the issue of child custody and/or visitation be tried, the GAL shall be available to offer testimony. The GAL holds a position of trust with respect to the minor child at issue, and must exercise due diligence in the performance of his/her duties. A GAL should be respectful of, and should become educated concerning, cultural and economic diversity as may be relevant to assessing a child’s best interests.
A GAL’s appointment, unless ordered otherwise by the Court for a specific designated period, terminates upon final disposition of all matters pertaining to child custody, visitation and childrelated issues. The GAL shall have the authority to bring a contempt action, or other appropriate remedy, to recover court-ordered fees for the GAL’s services.
Duties By virtue of the order appointing a GAL, a GAL shall have the right to request all records relating to the minor child maintained by the Clerk of the Court in this and any other jurisdiction, other social and human service agencies, the Department of Family and Children Services, and the Juvenile Court. Upon written release and/or waiver by a party or appropriate court order, the GAL shall have the right to examine all records maintained by any school, financial institution, hospital, doctor or other mental health provider, any other social or human services agency or financial institution pertaining to the child which are deemed confidential by the service provider. The GAL shall have the right to examine any residence wherein any person seeking custody or visitation rights proposes to house the minor child. The GAL may request the court to order examination of the child, parents or anyone seeking custody of the child, by a medical or mental health professional, if appropriate. The GAL shall be entitled to notice of, and shall be entitled to participate in all hearings, trials, investigations, depositions, settlement negotiations, or other proceedings concerning the child.