If you are a parent going through a divorce or child custody case, you may have heard the term “Guardian ad Litem,” or “GAL” for short. While there are many applications for a GAL, I am going to talk about how GALs work specifically in a divorce/custody setting, with no child abuse or neglect involved.
Who can be a Guardian Ad Litem in Montana?
A Guardian ad Litem in Montana is an individual appointed to represent the best interests of your child or children in the divorce/custody proceeding. Just about anyone can be a GAL, but usually it is a social worker, attorney, counselor, or similarly trained individual. Most GALs go through special training to perform their duties, but not all of them do.
The Court can appoint a GAL in response to a motion from either party in a divorce, in response to an agreement from the parties in a divorce, or on the Court’s own accord. A GAL can be appointed in a divorce where you are represented, or where you are representing yourself.
What are the benefits of a Guardian Ad Litem?
GALs are really useful in a divorce case where the parents cannot agree, and the Court needs more information before making a judgment. While different GALs operate in different ways, they typically will do a full investigation of the child’s life and relationships. The GAL has access to the child’s medical records, school records, etc. The GAL can access medical and employment records of the parents. The GAL meets with the child/ren alone, with the parents present on both sides, and anyone else that the GAL feels is important to speak to. Then, the GAL will issue a recommendation for how the custody situation should look based on what is in the child’s best interests. The GAL does not represent either party, but truly is supposed to just make recommendations for the CHILD.
If the parties do not agree with the recommendation issued by the GAL, it can be contested in Court. The disagreeing party will typically try to discredit the GAL report/recommendations, and will tell the Court why they disagree. Usually, however, especially with a good GAL and a good GAL report, the Court will adopt what the GAL has recommended.
There are some cases where a GAL is really beneficial, and there are other cases where it would not be beneficial. Generally, I think a GAL is best if the parents want vastly different things, and we really just need to see what is best for the kids, absent parental wishes. GALs are not really needed when the parents desires are really fairly close together, and close to what is best for the child.
How can you choose the right Guardian Ad Litem?
A big caution with GALs- GET A GOOD ONE! Much like hiring legal counsel, there are some great GALs, and there are some awful ones. If you get a bad one, they are potentially on your child’s case until they are 18, and can really screw things up for your child. A good GAL makes all the difference for your children and truly takes their best interests to heart. When it comes to GALs – take other people’s advice in the community about who is a good GAL, take your attorney’s advice on it, and don’t just pick someone because they have a low price. This is not the place to try to save a buck.
Here are a few things I look for with a Guardian ad Litem:
Does the GAL have the proper training and experience?
Sure, new GALs can do a fantastic job. Oftentimes that is because they have a lot of training for the GAL work, or with children, and/or a lot of experience in family law/with families. But having some combo of training and experience is very helpful when looking for a GAL who knows what to evaluate in a case, and has experience with children.
What is the GALs reputation in the community?
If you ask around in your community, either by inquiring with lawyers, or to the public, about certain GALs, you will likely get some feedback. Sometimes you might even be able to look up google reviews of the person is a professional in their field. While I wouldn’t pay attention to outlier opinions, you can get an overall feeling for if this person generally does a good job.
Is the GAL transparent about their process, and willing to answer questions?
I think that this criterion could go for choosing any professional, but it is important in this situation as well. If a GAL will not tell you what their process looks like, in general, help set expectations, or answer questions, please move on. You will be working very closely with this person, and you need to know what is going on, and be able to communicate with this persona about your child.
I love working with a good GAL and they can make such a huge difference for your child. If you think a GAL would benefit your case, I recommend talking to your attorney about options.
How can you become a Guardian ad Litem?
The interesting news is that there are no clear qualifications or standards for becoming a guardian ad litem. Some counselors do it, some attorneys do it (the term “attorney ad litem” is not generally used, and they are still called a Guardian ad Litem), anyone can do it. Is it best practices to just hang out a shingle and declare yourself a Guardian ad Litem? Absolutely not. To do well as a Guardian ad Litem, it is best to receive appropriate training.
The best way to receive appropriate training as a Guardian ad Litem is through the CASA program. They do a fantastic job, get you a ton of training and experience, and help you make important connections in the community.
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