When families face legal disputes involving children, the emotional toll can be overwhelming. In South 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. While some GALs are volunteers or government-appointed attorneys, families in custody cases may have a judge appoint a GAL with specialized training. Unlike a parent’s attorney who will promote the parent’s interests, a GAL represents only the child’s best interests. In South Carolina, a statute outlines the responsibilities and obligations of guardian ad litems in custody actions.
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 an objective perspective to investigate the issues from a more neutral position.
In South Carolina family courts, judges can appoint a GAL when they believe a child’s interests require independent assistance in order for the Court to have all the relevant information needed to make a decision.
What Does a Guardian ad Litem Do in a Custody Case?
A GAL conducts a thorough investigation. They have a court order establishing their responsibilities. They may interview the child in age-appropriate ways, and will speak with family members, teachers, therapists, coaches, and other relevant individuals. They will review school and medical records, observe parent-child interactions, and visit homes to assess living environments. They will investigate any concern one parent has about the other parent or their home.
This comprehensive approach allows the GAL to present the court with a complete picture of the child’s situation. Their written reports and testimony can carry significant weight with judges. In unique situations, 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 the parent’s decision making power or make decisions for the children. There is no caretaking responsibility for a GAL. They are independent of the parents, which 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 fullest 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.
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