When navigating the complexities of family law, especially in cases involving the well-being of children, the appointment of a Guardian ad Litem (GAL) can be a crucial step. A GAL is an impartial third party appointed by the court to represent the best interests of the child. Understanding how to go about getting a GAL appointed in your case can be essential to ensuring your child's needs are adequately addressed.

1. Agreement Between Parties

The simplest scenario is when both parties agree on the need for a Guardian ad Litem. In this case, the process is straightforward: the parties will draft an agreed order for the appointment of the GAL and submit it to the judge for approval. Once the judge signs the order, the GAL is officially appointed to the case.

However, things can become more complex if the parties agree on the concept of having a GAL but cannot agree on who that person should be or how the fees should be divided. When this happens, it is necessary to take further legal action to resolve these issues.

2. Disagreement on the Guardian or Fees

If both parties agree that a GAL is necessary but cannot reach an agreement on who will serve in this role or how the fees will be apportioned, you will need to file a motion for determination. This motion asks the court to decide on the appropriate GAL and how the costs will be divided between the parties.

Once the motion is filed, the court will schedule a hearing where both parties can present their arguments. The judge will then make a decision on who the GAL will be and how the fees will be split.

3. Disagreement on the Need for a Guardian ad Litem

In some cases, one party may feel strongly that a Guardian ad Litem is necessary, while the other party disagrees. If you are the party seeking the appointment of a GAL, you will need to file a motion for appointment with the court.

When filing this motion, it is crucial to clearly lay out your reasons for believing a GAL is necessary. This might include concerns about abuse, abandonment, neglect, or other serious issues that could affect the child's well-being. Your motion should provide a detailed explanation of these concerns, supported by any evidence you have.

After filing the motion, you must set a special hearing. During this hearing, you will have the opportunity to explain to the court why a GAL should be appointed and who you believe should bear the costs. The judge will then decide whether to grant your motion and appoint a GAL, or deny the motion.

Conclusion

The process of getting a Guardian ad Litem appointed can vary depending on whether both parties agree on the need for a GAL and other related details. If you find yourself in a situation where the appointment of a GAL is necessary, it's important to understand the steps involved and to present a clear, compelling case to the court.

At Family Matters Law Group, P.A., we are here to guide you through this process and advocate for the best interests of your child. Whether you need help drafting motions, presenting your case in court, or navigating disagreements with the other party, we have the expertise and experience to assist you every step of the way. Contact us today to discuss your case and explore your options.