What is a Guardian Ad Litem in Family Court?

In CPS removal cases and some contested child custody cases, the judge may appoint a guardian ad litem to represent the child's best interests (this is different than representing the child, which is what an attorney ad litem does). This person may be a volunteer from specific organizations, a professional with relevant licenses and training, an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child, or an attorney ad litem appointed to serve in the dual role in cases brought by a governmental entity (i.e., Child Protective Services).

What is the Authority of the Guardian Ad Litem?

The guardian ad litem will investigate to the extent she believes necessary to determine the child's best interests and obtain and review copies of the child’s relevant medical, psychological, and school records.

She will also interview:

• The child
• Each person with significant knowledge of the child’s history and condition, such as educators, child welfare service providers, and foster parents
• All the parties to the lawsuit

Through this work, she will try to determine and consider the child’s expressed objections, opinions, concerns, and any other task as directed by the judge.

What Court Actions Can the Guardian Ad Litem Perform?

The guardian ad litem will receive all papers filed in the case and all hearings. She will attend the hearings and (in certain cases) can call and cross-examine witnesses. Suppose there is a question about the child's removal and/or placement. In that case, she will be consulted about her opinions and evaluate whether child welfare service providers protect the child’s best interests. She can also be expected to attend meetings related to the child’s service plan, etc.

The guardian ad litem can also testify and submit a report regarding her recommendations on the best interests of the child and the basis for those recommendations. This is a major difference between what the guardian ad litem can do in court and what an amicus attorney and/or an attorney ad litem can do.

Most cases involving a guardian ad litem are child welfare cases brought by child protective services, as opposed to divorce or custody modification cases brought by the mother, father, or non-parent conservator.

Who Pays the Fee for the Guardian Ad Litem?

If it is a removal case filed by CPS, typically, the county will pay the fees of the guardian ad litem. However, if appointed in a case brought by one parent directly against the other parent, the Court will typically order the parties to pay the guardian ad litem’s fees.