When it comes to a family law case or proceeding such as a child custody case or a contested divorce proceeding, the court will likely appoint an experienced guardian ad litem (GAL). A GAL is essentially a professional lawyer who will represent the minor child and their best interests.
What are the Primary Responsibilities of a GALÂ
In matters where child custody or visitation is becoming a contentious matter, the GAL will perform three important functions. They will work as an investigator for the child, advocate for their best interests, and will also become their first-hand witness.
Moreover, the GAL will also be given the authority to conduct one-on-one interviews with the child or joint interviews with the family. In addition, they will also interview the parent’s neighbors, the child’s doctor, schoolteachers, and close friends and family members.
Can a GAL Be Removed?
Removing a GAL can be a difficult task as the parents would require solid reasoning. However, there are ways to have the GAL removed from the case, only to be replaced with another one. One way for this to happen is via a court-initiated order of removal. This happens when the court sees that the GAL has not been performing up to par and seems to be incompetent in its responsibilities.
Another way is to report misconduct. A guardian ad litem is duty-bound to perform their responsibilities with utmost professionalism and in the full purview of the law. You can request the removal of the GAL if they seem to be partial to one parent, are violating your confidentiality, etc.