Guardian ad Litem

When families face legal disputes involving children, the emotional toll can be overwhelming. In North Carolina, a guardian ad litem (GAL) serves as an independent advocate whose sole focus is investigating and advocating for the best interests of the child during family court proceedings. Understanding how a GAL functions is important for both parents. 

What Is a Guardian ad Litem? 

A guardian ad litem is a court-appointed representative who investigates and advocates for a child’s welfare in legal matters. In cases involving Department of Social Services, or Juvenile Court cases, GALs are volunteers or government-appointed attorneys.  Families in custody cases may have a GAL with specialized training appointed by a judge.  Unlike a parent’s attorney who will promote the parent’s interests, a GAL represents only the child’s best interests.  The appointment of a guardian ad litem in a court case is up to the judge’s discretion, and appointments varies from county to county and from case to case.

When Is a Guardian ad Litem Needed in a Custody Case? 

A guardian ad litem can be valuable in high-conflict custody disputes, especially when there are:

• complaints of abuse or neglect
• long distance relocations
• mental health issues.

They’re particularly helpful when parents cannot effectively communicate, cannot make decisions for the child/ren, or when complex family dynamics require a neutral party to investigate.

A judge can appoint a guardian ad litem if they believe the child needs an independent advocate to obtain all the information necessary for the court to decide the case. The judge also considers the financial cost of a guardian ad litem when determining if appointment of a GAL will benefit a child’s best interest.

What Does a Guardian ad Litem Do in a Custody Case? 

A GAL:

• has a court order establishing their responsibilities
• conducts a thorough investigation
• may interview the child in age-appropriate ways
• speaks with family members, teachers, therapists, coaches and other relevant individuals
• reviews school and medical records
• observes parent-child interactions
• visits homes to assess living environments
• investigates any concern one parent has about the other parent or their home

This comprehensive approach allows a GAL to present the court with a complete picture of a child’s situation. Their written reports and testimony can carry significant weight with judges.  A judge may ask for a GAL’s recommendation when making custody and visitation decisions. 

Perhaps most importantly, GALs give children a voice in proceedings that will shape their future relationships with their parents. They translate a child’s needs, concerns, and preferences into language the attorneys for the parents need to know and that the court can act upon, so that the information can be combined with the opinions and evidence presented by the parents.

A GAL does not:

• take away a parent’s decision making power
• make decisions for the children
• have a caretaking responsibility for a GAL. 

They are independent of the parents, and this allows them a unique perspective that the parents and their attorneys do not have.  They are not the enemy of the parents, but they may not always agree that the parents are meeting the child/ren’s needs during a court battle to the full extent necessary.  When that happens, they will make recommendations to the parents.

Who Pays for a Guardian ad Litem?

While there is a cost associated with GALs – usually shared between parents unless the court orders otherwise – many families find that the investment brings clarity and resolution to contentious situations. The GAL’s independent assessment can sometimes help parents reach agreements outside of court, ultimately saving time, money, and emotional strain. 

Moving Forward with Confidence 

Family legal matters involving children are never easy, but a guardian ad litem can provide the objective advocacy that helps courts make informed decisions. A parent should work with their attorney and understand the role of the GAL.  

For families navigating the challenging terrain of custody disputes in North Carolina, a guardian ad litem offers professional expertise, objective advocacy, and peace of mind that a child’s best interests will guide the legal process. In moments when family conflict threatens to overshadow what truly matters, a GAL refocuses everyone on the most important question: what does this child need to thrive?