In Connecticut, a guardian ad litem (GAL) may be appointed to represent the children’s best interests in divorce litigation, custody cases, or post-judgment matters that involve minor children. Just as both parents typically have an attorney to represent their interests, a GAL serves as an independent voice for the children.
How Does a GAL Get Involved?
The Connecticut family court may appoint a GAL either in response to one of the parties filing a motion or if the court determines that a GAL is necessary to help the parents resolve custody or parenting disputes. A GAL, who is typically either an attorney or a mental health professional, must complete mandated training and be approved by the State of Connecticut to serve in this role.
What Is a GAL’s Role?
GALs can serve in multiple roles. Their initial function is to meet with all of the relevant people in the children’s lives to get a complete picture of what is going on. The GAL will talk to both parents as well as the children (if age-appropriate), plus teachers, coaches, therapists, medical providers, or others, and review relevant documents pertaining to the children.
After conducting their investigation, the GAL will make recommendations regarding custody, parenting time, and decision-making authority based on what would be in the best interest of the children – which may not necessarily be what the children want. The GAL’s recommendations may include therapy for certain family members or coparenting counseling for the parents.
In some cases, the GAL will sit with the parents (either with or without their attorneys) to help facilitate a settlement agreement. If the parents do not reach an agreement, the GAL may testify at trial as a witness, detailing their investigation, findings, and recommendations to help the court determine what outcome will best serve the children’s safety, stability, and overall well-being.
How Is a GAL Chosen?
In each jurisdiction, the court maintains a list of acceptable GALs, who have different experience levels and fees. The court typically tasks the attorneys with choosing a GAL that is agreeable to both parents. The parents pay for the GAL just as they would their attorney. In a divorce case, a marital asset may be used to pay the GAL’s fee. When the two parents’ finances are separate, the GAL’s fee is often split based on their individual incomes.
In some cases, an attorney for the minor children (AMC) may be appointed by the court in lieu of a GAL. Click here for more information about when an AMC is appropriate and how AMCs differ from GALs.
The family law attorneys at Hartford law firm Ruel Burns Feldman Kukucka & Britt have navigated a broad range of complex divorces and child custody matters in Connecticut, allowing for knowledgeable and compassionate representation. We understand that this is a stressful time for you, and we are here to support you through all stages of the process. Contact us to discuss your family law matter. Call 860-206-9096 or click here.