A guardian ad litem (GAL) in family law cases is an advocate appointed by a judge to act on behalf of a child to determine the best interests of a child, which is the basis of the court’s custody decision. If you’re involved in a child custody matter, having a GAL isn’t a negative reflection on you. It just means that you and the other parent disagree on your child’s best interests, and a GAL can help independently decide what they are.

Kingston Law Group’s child custody practice has helped hundreds of parents and children over the years. These cases can be highly emotional and stressful, but they need not be. No matter which side of the issue you’re on, we can help. Call us at 609-683-7400 or contact us online to learn more.

What are a Child’s Best Interests?

The primary goal of a custody decision is to further a child’s best interests. Issues a court should consider in deciding who gets what type of custody rights include the following:

• The parents’ ability to agree, communicate, and cooperate in matters concerning the child
• A parent’s willingness to accept custody
• Any history of unwillingness to allow parenting time with the other parent that’s not based on substantiated evidence of abuse
• Interactions with and the relationships of the child with their parents and siblings
• A history of domestic violence, if any
• The child’s safety and that of a parent from physical abuse by the other parent
• The preference of the child who is of sufficient age and capacity to form an intelligent opinion
• The child’s needs
• The home environment’s stability
• The quality and continuity of the child’s education
• The parents’ fitness
• The geographical proximity of the parents’ homes
• The quantity and quality of the time a parent spent with the child before or after a separation
• The parents’ job responsibilities
• The number and age of children

This checklist is how the NJ Legislature spelled out how a judge should consider a child’s best interests.

What is a Guardian Ad Litem?

Under Rule 5:8B of the state’s court system:

• In cases where custody or parenting time/visitation is at issue, a guardian ad litem may be appointed by a court order to represent the best interests of the child or children if the judge feels the circumstances warrant the appointment
• The guardian ad litem’s services shall be for the court and on the child’s behalf
• A judge may appoint a GAL on their own or at the request of either or both parents
• The GAL files a written report with the court containing factual findings, custody recommendations, and their reasons
• A GAL is available to testify and could be subject to cross-examination

A GAL’s duties can include, but aren’t limited to, the following:

• Interviewing the parents and children
• Interviewing others with relevant information
• Obtaining relevant documentary evidence
• Conferring with the parties’ attorneys
• Conferring with the court, after giving notice to the parties’ attorneys
• Obtaining help from independent experts, with court approval
• Getting help from a lawyer for the child, with court approval
• Other matters, as the GAL may request, with court approval

The notes from this Rule state:

• The GAL is an independent fact finder, investigator, and evaluator on what will advance the child’s best interests
• A guardian ad litem may be an attorney, a social worker, a mental health professional, or another appropriate person
• A GAL would be appointed if their purpose is to perform an independent investigation and fact-finding
• If the GAL’s primary function is to act as an expert, the court should appoint a GAL who has the appropriate expertise

The GAL keeps the court and the parties updated on their progress. The final report will be the subject of a court hearing. Judges usually give a lot of weight to the GAL’s findings and recommendations when rendering a custody decision.

The parents normally pay the cost of the GAL’s services. Payment may be evenly split or based on the parents’ ability to pay.

Can a Parent Object to a GAL’s Appointment?

A parent could claim:

• There’s no need to appoint a Guardian Ad Litem
• The person nominated isn’t qualified
• The nominee is biased for or against a parent
• There’s a conflict of interest between the nominee and one or both of the parties

The chances of a successful challenge would depend on the evidence and the parent’s reasoning.

Can a Judge Appoint Others in a Custody Case?

Court rules also allow for a judge to appoint an attorney to represent the child’s interests (Rule 5:8A) and a special advocate for a child (Rule 5:8C). These roles are not the same as a GAL.

• The court-appointed lawyer represents the child. The appointment should be made if the judge decides that the parties’ attorneys don’t sufficiently protect the child’s best interests
• A volunteer Court Appointed Special Advocate (CASA) would act for the court to undertake certain activities to further the child’s interests. They’re not to replace or interfere with a GAL or a court-appointed lawyer for the child

A judge can also appoint a child psychologist to determine the child’s best interests. Given the importance of recognizing those interests, the child’s legal rights, and a judge’s desire to avoid an appeal of a decision because they hadn’t taken enough effort to protect those rights and interests, these appointments are not unusual.

How Should a Parent Approach a GAL and Their Work?

A GAL is neither a friend you can count on nor an enemy to fight. Their job is to be independent and focus on your child’s best interests. They’re not interested in your life story, nor do they want to hear your critiques of the other parent. Work with your attorney on communicating with the GAL and provide them with a time to see you and your home.

Things to consider include the following:

• Return calls and emails promptly, provide requested documents, and make yourself available for interviews. Obstruction or delay reflects poorly on you.
• Your credibility matters. GALs are experienced at detecting inconsistencies
• Exaggerating concerns or downplaying your own shortcomings can backfire
• What you say should be framed around your child’s well-being, not the other parent’s deficiencies. Excessive negativity about the other parent shows poor co-parenting ability
• Think through what you want the guardian ad litem to understand about your relationship with your child and your home environment. Before meeting, you may want to outline important issues to bring up, but don’t write yourself a script or rehearse answers
• Before a home visit, ensure your home is safe, organized, and child-appropriate
• Have relevant documentation ready (school records, medical records, communication logs) while not overwhelming the GAL with unsolicited material.
• If you have serious, legitimate concerns about the other parent, raise them calmly and with specific, factual examples, not emotional accusations
• Let the GAL interview your child without coaching them. You need to explain what’s going on, but don’t rehearse responses

Put yourself in the GAL’s shoes. To do your job, what would you ask? What would you want to see? A guardian ad litem understands the importance of this meeting and your conversation, as well as the stress you’re under. If a home visit isn’t picture perfect or what you said wasn’t a textbook response, don’t beat yourself up over it.

Contact Kingston Law Group for Help with Child Custody Matters

For help with child custody disputes, call us at 609-683-7400 to arrange a near-term, reduced-fee initial consultation. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We also have pre-arranged evening appointments. Contact us today.  You will be glad you did!!