The Guardian Ad Litem or the GAL
The guardian ad litem (GAL) is a lawyer the court appoints in child custody cases to argue for what they personally believe is best for the child.
- They are supposed to investigate by interviewing people who know the child and their family.
- They are supposed to review evidence (like videos, audio recordings, documents, etc.), and speak with the child.
- The purpose is to give the judge input from a neutral advocate in addition to what they get from the parents and their lawyers.
Because they are legally obligated to be neutral and put the child’s best interests first, GAL’s recommendations carry a lot of weight. That said, it’s never guaranteed the judge will follow the GAL’s recommendation. I’ve seen many cases where the judge did not do so.
Nevertheless, it is still critical to do your very best to persuade the GAL to recommend as much of your position as you can.
In cases where the guardian ad litem is indifferent or hostile, clients frequently ask, “Can’t we get rid of them?” The answer is almost always no.
Can I Change to Another GAL?
In my 20 plus years of experience, I’ve only “got rid” of a guardian ad litem twice.
The first time, I could do it because the case had been brought up to the Circuit Court. I asked the Circuit Court judge to appoint someone new. However, the circumstances in that case were unique.
In the other instance, the GAL’s bias in favor of the other parent and excessive involvement with the children was a problem. The GAL attempted to enact family reunification therapy to promote the children’s relationship with their father. That GAL assumed my client’s severe domestic violence story was false. It also assumed that the children’s alienation from the father was due to the mother’s influence.
I made a motion that, in detail, laid out what the GAL had done. I also laid out how it did not comply with Virginia Supreme Court guidelines for guardians ad litem. In addition, the GAL showed a pro-father bias in another case and disclosed some personal history that explained it. At the hearing, the judge asked the GAL if they wanted to continue in the case, given my intense criticism. After some dialogue with the judge the final answer was no and another individual who is much more highly regarded was appointed to become GAL. The change had a dramatic impact on the case.
Extreme circumstances like these two examples are very rare. The fact that the GAL favors one side or the other, even if we feel they are unfair, is not enough to prevail on a motion to have a different GAL appointed. It’s their job to take sides if there is an unbridgeable gap between the parties’ positions.
What Happens if the GAL is Neglectful?
In other cases, the GAL may be inactive and neglectful. This is not uncommon. Lawyer compensation for GAL work is $55 out of court and $75 in court. With lawyer rates above $300 an hour in the Tidewater region, it is easy to see why a lawyer might favor retained work over GAL service. Nevertheless, the degree of neglect must be very high.
Trying to get rid of the guardian environment is like trying to shoot the king. You better not miss. In turn, if you miss, you’veantagonized them by criticizing them personally and that’s certainly not beneficial going forward. A bad recommendation could get worse and more emphatic.
