What is a GAL?

 A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The court is required to appoint a GAL in any proceeding in which child abuse or neglect is alleged. Depending on the county, it is fairly typical for judges to also appoint a GAL in cases where custody is disputed, even if abuse and neglect is not specifically alleged.  GALs may be involved in all types of cases where custody is at issue, including: divorces, unmarried child custody cases, adoptions, grandparent visitation, third-party custody and visitation, and guardianships.

Ultimately, the GAL’s job is to investigate the circumstances of the child and the child's parents or caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child, in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.

GAL Fees

When a GAL is initially appointed by the court, one or both parties will typically be required to pay an initial deposit. The total fees for a GAL depend on the work required on the case, and the Judge will order additional GAL fees as the case progresses, depending on the amount of time the GAL spends investigating. The issue of GAL fees will often be addressed at court appearances, with a larger deposit towards GAL fees required if a case is set for trial.

Often GAL fees will be allocated 50% to each party, without regard to “fault” or time spent with the GAL. Other times, the Judge will look at the income percentages of each party and the reasons the fees were incurred and order an unequal division of the fees.  It is very important that the GAL be paid as ordered.

If a GAL is assigned in your case and you are not in a position to pay, it is important that you discuss this with your attorney immediately. The judge will require both parties to pay the GAL fees regardless of what transpires throughout the case. At the conclusion of the case, any amounts not covered by ongoing fee deposits will be ordered to be paid by one or both parties.

What to Expect When Working With a GAL

The GAL will meet with both parties and the child, unless the child is very young. Depending on the complexity of the case and GAL’s preference, the GAL may meet with the parties and the child more than once. The GAL usually meets with the child separately from the parents, but every GAL has his or her own approach to interviewing the child and other family members.

Often the GAL will gather information from not only the parents and the child, but also the school, counselors, doctors, extended family, or other significant people in the child’s life. If a GAL is appointed in your case, you should be prepared to comply with a GAL’s request for the child’s medical records, and be prepared for the GAL to ask to speak to relevant people in a child’s life in order to understand the full-picture of the family situation. If there are concerns regarding a parent’s mental or physical health, or drug or alcohol addiction, the GAL may request a parent's medical records or an evaluation of one or both parents. The GAL may also make recommendations regarding communication between the parent's and counseling.

If a GAL is appointed in your case, the GAL is not the attorney for either parent. There is no attorney-client privilege with the GAL, any communication with the GAL can and likely will be shared with the other parent, the attorneys, and the Judge. 

While the GAL does play a significant role in the outcome of custody issues, the GAL does not have the authority to make final orders related to the child. The GAL can only investigate and provide a recommendation. While that recommendation has significant weight in Court, the ultimate outcome of custody issues are in the sole discretion of the Judge. Often having a GAL involved in a case will help the parents work through issues that arise while the case is pending and resolve conflicts by having a neutral party involved. By making preliminary recommendations during the case, parents can have a better idea of where their case is headed, which can sometimes help the parties reach a settlement outside of Court.  

Every family law case is different and every GAL is different. If a GAL has been appointed to your case, you should consult with your attorney about how best to engage with the GAL and what to expect.

Article written with contribution from the Firm's law clerk, Adele Rosenthal.  Adele will be starting her 2L year at Washington University School of Law.