We often talk about child custody cases as though they are just disputes between the parents, but there is always at least one other person involved: the child or the children. Ideally, each parent is represented by their own counsel, and children deserve legal representation, as well.
When necessary in Indiana family law cases, children are represented by a person known as a guardian ad litem, or GAL. The court appoints the GAL when it finds it necessary, or when another party has requested one. The GAL may be a lawyer, a mental health professional or another person with special training in representing children. This training is overseen by the Indiana court system’s GAL Family Law Oversight Committee.
Some types of cases where a GAL may be necessary include:
- Child custody matters
- Guardianship matters
- Adoptions
- Paternity cases
- Grandparent or other third-party visitation disputes
What is the role of the GAL?
In family law matters related to children, the court always bases its decision on its determination of what lies in the best interest of the child. The role of the GAL is to represent these interests and speak up for a child who is not old enough, or not able to identify their own best interests or express their own preferences.
In order to fulfill this role, a GAL must spend a “reasonable” amount of time with the child to investigate the situation. The amount of time that’s considered reasonable depends on the age of the child and other circumstances of the case. After this investigation, the GAL presents their findings to the court and makes a recommendation to help the court determine what lies in the child’s best interests.
Parents working with the GAL
Parents must cooperate with the GAL in their case. They will get a chance to discuss the case with the GAL and provide evidence to the GAL that supports their claims.
Sometimes, parents don’t like this situation. They may resent the idea of a GAL getting between them and their child. In these situations, it’s important to keep in mind that everyone involved — the parents, the judge and the GAL — ultimately wants what’s best for the child. Sometimes, they disagree on the specifics, but that goal should be first and foremost for everyone.
And, if that’s not enough to foster cooperation, it’s important to note that when one party refuses to work with the GAL, the GAL is unable to consider that party’s point of view when they make their recommendation to the court.
For these and other reasons, parents should work with the GAL in an honest, timely and respectful manner.