For divorced or separated parents in Georgia, going through a child custody case can be stressful and even overwhelming. That is especially true for parents who are locked in a high-conflict child custody dispute. In these cases, a guardian ad litem may be brought in to support the child and help move the dispute towards a proper resolution. At Burns Smith Law, P.C., we are well-versed in high-conflict child custody disputes. Our Georgia family law attorney can help you and your family through a child custody case.
Know the Basics: What is a Guardian ad Litem in a Georgia Custody Case?
For parents, it is important to start with a broad overview of what a guardian ad litem is and what they do in a Georgia custody case. A guardian ad litem (GAL) is a court-appointed person who is tasked with representing the best interests of the child in a Georgia custody or visitation case. To be clear, the GAL is not the child’s parent, not the judge, and not a private lawyer for either parent. Under Georgia Uniform Superior Court Rule 24.9, the GAL is appointed by the superior court judge assigned to the domestic relations case to assist the court in resolving child custody, visitation, and other child-related issues. The appointing judge has discretion to select a person who has been trained as a GAL or is otherwise familiar with the GAL’s role, duties, and responsibilities.
Overview: The GAL’s role is tied to the child’s best interests. Georgia custody law requires the judge to determine custody based solely on what is in the child’s best interests and what will best promote the child’s welfare and happiness. Georgia law also specifically allows the court to consider a recommendation from a court-appointed guardian ad litem as one of the best interests factors.
Understanding Why a GAL May Be Appointed in Your Custody Case
A guardian ad litem is not required in every child custody case in Georgia. Instead, a GAL is most common in contested or high-conflict custody cases. The court may appoint a GAL when the parents disagree sharply about parenting time, legal custody, physical custody, school placement, relocation, safety concerns, substance abuse, mental health issues, family violence, or the child’s needs. The GAL can give the court an independent source of information beyond the competing narratives of the parents. Still, that does not mean every custody case needs a GAL. If both parents agree on custody, parenting time, decision-making authority, a GAL is generally not needed. Further, if the child’s parents are both cooperative with each other, a GAL is also often not appointed.
What the GAL Actually Investigates
The GAL’s job is investigative and evaluative. Under Rule 24.9, the GAL may request records relating to the child from the clerk of court, social and human services agencies, the Department of Family and Children Services, and juvenile court. With proper releases, waivers, or court orders, the GAL may also examine confidential records from schools, financial institutions, hospitals, doctors, mental health providers, and other agencies relating to the child.
The GAL may also examine any residence where a person seeking custody or visitation proposes to house the child. That authority matters in practical terms. The GAL may look at sleeping arrangements, transportation, caregiving support, distance from school, safety concerns, the child’s daily routine, and whether the proposed parenting arrangement is realistic. If appropriate, the GAL may request that the court order an examination of the child, parents, or another custody-seeking person by a medical or mental health professional.
A Guardian Ad Litem Gives Information and Makes Recommendations (Not Decisions)
A guardian ad litem can carry significant weight in a Georgia custody case, but the GAL does not decide custody. The GAL’s job is to investigate the circumstances, evaluate the child’s best interests, and provide useful information to the court. That may include interviews, home visits, review of school and medical records, communications with collateral witnesses, and an assessment of each parent’s ability to meet the child’s needs. In many cases, the GAL will also issue a written report and make a recommendation regarding custody, parenting time, decision-making authority, or other child-related issues.
That recommendation can be important, but it is not binding. The judge must make the final custody determination based on the evidence and the child’s best interests under Georgia law. A parent who disagrees with a GAL’s recommendation is not out of options. The GAL may be examined in court, the factual basis for the recommendation may be challenged, and the parent may present other evidence, including documents, witness testimony, expert testimony, and proof of the child’s actual needs and routine. The GAL helps inform the court. The GAL does not replace the court.
We are Leaders in High-Conflict Custody Cases in Georgia
If you are navigating a high-conflict or otherwise complex child custody case, it is normal to feel stressed out, overwhelmed, and unsure of what to do next. If a guardian ad litem has been appointed in your case, there is an additional factor. At Burns Smith Law, P.C., we are a solutions-focused family law firm that helps parents protect their rights and do right by themselves and their children. Your initial consultation with our Georgia child custody lawyer is confidential. Whether a GAL has been appointed or may be appointed, we can help protect your rights.
Get Help From Our Georgia Child Custody Lawyer Today
At Burns Smith Law, P.C., our Georgia child custody attorney has the knowledge and experience to help clients navigate guardian ad litem issues. If you have any questions about your rights or your options, we can help. Please do not hesitate to contact us today for a strictly confidential, no obligation initial case review. We provide child custody representation and other family law services throughout the surrounding region of Georgia.