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Guardian ad litem in a Georgia custody case: what they do and who pays
Summary
A guardian ad litem (often called a GAL) is a neutral person a judge can appoint in a custody or visitation dispute, such as when parents disagree about custody or parenting time. Their job is to look into the family's situation and tell the judge what they think is best for the children. They work for the children's best interests, not for anyone else in the case.
They'll gather information about your family, write a report with recommendations, and usually testify at the final hearing. The judge weighs the report but makes the decision, and decides how the guardian's fees are paid.
When and why a judge appoints one
A guardian ad litem gives the judge an independent view of the family: someone who can meet the family, see the homes and look at the records, instead of relying only on what each side says.
When one is appointed, it's by the judge assigned to the case, to help the court and the parties reach a decision on custody, visitation and other issues about the children. A judge can also appoint one in a grandparent visitation case if the relative asking for visitation can pay without unreasonable financial hardship.1, 2
What a guardian ad litem is, and isn't
The judge picks someone trained for the role or familiar with it. They don't have to be a lawyer.1
Despite the name, they aren't the children's legal guardian. They don't take custody or make decisions for your children, and their job usually ends when the court decides the issues about the children, unless the judge sets a different period.
What they can do
- Talk with the people involved. Their training should include interviewing and talking with children, and their report lists everyone they contacted.
- Visit the home where each parent, or anyone else asking for custody or visitation, plans to have the children live.
- Ask for the children's records from the court, the Division of Family and Children Services and other agencies. School, medical and counseling records need a signed release from a parent or other party, or a court order.
- Ask the judge to order a custody evaluation or a mental health evaluation if they think it's needed.
- Take part in hearings, mediation and settlement talks about the children. If you and the other side reach an agreement, they can object to it before the judge approves it.
Your own counseling records are only available to them if you sign a release.
The report and the judge's decision
The guardian usually gives a written report to the parties (or their lawyers) and to the judge, explaining what they found and what they recommend. The report is confidential: sharing it with anyone other than the parties, their lawyers and the lawyers' staff and experts without the court's permission can be punished as contempt, and if it's filed with the court it's sealed.
The judge considers the report but isn't bound by it. At the final hearing the guardian usually testifies, and the parties can question them.1
Who pays
In a divorce or custody case, the parties (usually the parents) do. The judge sets the amount and how it's split, after the parties have a chance to be heard. Georgia's rule doesn't set a fee, so ask at the start how the guardian bills and whether a deposit is expected, and tell your lawyer or the judge early if the cost is a hardship. If the judge orders you to pay the guardian's fees and you don't, the guardian can ask the court to hold you in contempt. In a grandparent visitation case, the relative who asked for visitation pays.2
Working with them
- Bring your papers to the first meeting: any court orders, the children's school and medical records, and a short written timeline of key events.
- Keep appointments and answer requests on time.
- Stick to facts about the children: their daily routine, school, health and what they need. Concrete details tell the guardian more than general claims.
- If you have concerns about the other side, be specific about what happened and when. You can offer them in writing.
- After each meeting, write down what was discussed and send anything you said you'd provide.
- If you don't have a lawyer, make sure the guardian knows about mediation, deposition and hearing dates.
- Talk to your lawyer before signing a records release if you have concerns.
- Don't ask the children to take sides or tell them what to say.
If there has been domestic violence, tell your lawyer and the guardian. Georgia's rule says a guardian ad litem's training should include domestic violence and substance abuse.1
If you disagree with the guardian
You can question them at the final hearing, and the judge makes the final call. If you believe there's a real problem with how they're handling the case, either party (a parent, or a relative seeking visitation) can ask the judge to remove them for good cause.
Questions you might ask a lawyer
- Should we ask the judge to appoint a guardian ad litem?
- How do guardians ad litem usually bill in our court, and will there be a deposit?
- Which records releases should I sign?
- How should we respond if we disagree with the recommendation?
Common questions
Does the judge have to follow the guardian ad litem's recommendation?
No. The judge considers it, but the recommendation doesn't replace the judge's own decision.1
Is a guardian ad litem the same as a legal guardian?
No. A guardian ad litem looks into the case, takes part in it and makes recommendations. They don't take custody of the children, and their role usually ends when the issues about the children are decided.
Sources
- ^ Uniform Superior Court Rule 24.9, appointment, qualification and role of a guardian ad litem (Supreme Court of Georgia, PDF)
- ^ O.C.G.A. § 19-7-3, visitation for grandparents and other family members (Justia)
Laws and court rules change. If something here looks out of date, email help@divorce.city.