What is the Difference Between Guardian Ad Litem and an Attorney?
How guardians ad litem and attorneys have different roles and purposes in family court.
- 3 min read
- family law
- custody
A guardian ad litem (GAL) and a family law attorney are considerably different, and their responsibilities and goals are just as unique as their titles. While there’s some overlap in their functions, co-parents and children in shared parenting situations can expect distinct experiences when working with either one. Keep reading to learn the different functions, priorities, and processes of a GAL and an attorney.
What is a guardian ad litem?
The National CASA/GAL Association for Children defines a guardian ad litem as someone appointed by the court to represent the best interests of a child in a family law case that involves abuse or neglect. Additionally, GALs are often appointed to advocate for children in foster care, families seeking supervised visitation, and adults with disabilities in guardianship cases. The National CASA/GAL network includes over 80,000 volunteers in 941 local and state programs.
How is a guardian ad litem different from an attorney?
A guardian ad litem is a lawyer, mental health professional, or other volunteer who goes through the National CASA/GAL’s initial training program and continued education. They are assigned to no more than two children or sibling groups at once, while attorneys often take on more clients at a time. Once assigned, a GAL stays involved in their cases until the children involved reach a more permanent situation.
While a GAL does represent a child’s best interest in a case, they don’t work on behalf of the children or parents involved as an attorney does. Instead, they spend time interviewing relevant parties and considering issues that impact a child’s well-being. A GAL regularly observes and engages with the child at the center of a case and with others involved in their life.
A guardian ad litem may gather beneficial information by speaking with people like:
- The child involved
- Parents
- Family members
- Caregivers
- Friends
- Teachers
- Counselors
- Social workers
Afterward, the guardian ad litem writes and presents a report to the court that includes their findings and recommendations on what outcome they believe is in the child’s best interests. The exact definition of what’s in a child’s best interests varies from state to state. Still, a GAL takes a child-centered approach by considering how different factors may positively or negatively influence the child’s life.
Significant factors that a guardian ad litem may consider can include:
- The child’s current relationship with their parents
- The stability of each parent’s living situation
- Whether a parent has a criminal record
- The people involved in providing childcare
- Whether there’s a history of domestic violence
While guardians ad litem actively prioritize the well-being of the children involved in a case, their recommendations may not align with the wishes of the children or parents working with them as an attorney would. The GAL will make an impartial recommendation, let the court know if it differs from what the child wants, and provide further explanation if requested. The judge doesn’t have to do what the guardian ad litem recommends in a case but considers the report in their decision.
What makes an attorney different from a GAL?
An attorney, lawyer, or attorney-at-law is a legal professional who represents a client in court when pleading or defending a case. Unlike a GAL, a family law attorney acts as a legal advocate for the parent or child they represent in a custody case. Where GALs are appointed by the courts, attorneys are usually hired by their clients who pay for their services or access low-cost or free options.
Working with an attorney can be a lengthy process that only begins once a client finds the right family court lawyer for their case. From reviewing evidence for court to preparing document submissions, an attorney considers everything from their client’s side of the case. Once they have the information needed to represent their client accurately, an attorney works with them until the presiding judge delivers a decision.
An attorney’s job is to convince the judge presiding over a case that the living arrangement, custody schedule, or other family law-related outcome their client wants is the right one. Even if a lawyer’s goals aren’t what a GAL would consider the child’s best interest, that isn’t necessarily a priority or concern. An attorney serves their clients by providing legal guidance that best supports their goals.
Can someone be an attorney and a GAL?
A person serving as guardian ad litem may also be an attorney but does not have to be. In some cases, individuals can cross the guardian ad litem-attorney gap and serve in both roles. Laws vary between states on whether one person can serve as both an attorney for the child and the guardian ad litem for the overall case.
Guardians ad litem and attorneys serve different roles in court, offering unique benefits to the co-parents and children they serve. While they have differing priorities and processes, their goals overlap in that they both want to support the families involved. To learn more about the responsibilities and requirements of a guardian ad litem in your state compared to an attorney, check with your local bar association.