What is a Guardian ad Litem?

The Guardian ad Litem (GAL) is an attorney, licensed to practice law in Wisconsin, who is appointed to serve the best interests of a minor child as to paternity, legal custody, physical placement and support. A GAL is an advocate for the child/children and serves as an investigator for the court.

What does a Guardian ad Litem do?

The GAL functions independently and provides a litany of necessary information to the court. Their duties include:

• Investigating whether there is evidence of interspousal battery or domestic abuse
• Reviewing and commenting on any mediation agreement or parenting plan
• Communicating a child’s wishes to the court as to legal custody or placement (unless the child requests otherwise)

They consider, but are not bound by, the wishes of the minor child or others as to the best interests of the minor child. Advocating for the best interest of the children may not be the same as advocating for what the children want, so best interest will always be the primary consideration.

The GAL may take a variety of actions before making their recommendation, including interviewing each party, visiting their homes, speaking with the child’s teachers, etc.

What is a Guardian ad Litem looking for?

In investigating and developing a recommendation for the court’s consideration, the Guardian ad Litem must consider the following legal factors:

• The wishes of the child and both parents;
• Evidence of violence between parents
• The safety and well-being of the child, and the safety of the abused parent
• The child’s interactions and relationship with parents and other family members
• The amount and quality of time parents have spent with the child
• Any necessary and reasonable lifestyle changes you propose to make to spend time with your child in the future
• The child’s adjustment to home, school, religion and community
• The child’s age, and their developmental and educational needs (at various ages)
• The mental and physical health of a parent, the child or other person living in the household
• The need for stable, reliable physical placement
• Availability of child care services
• The quality of cooperation and communication between parents
• Each parent’s ability to support the other parent’s relationship with the child, and the likelihood of negative interference by either party
• Any physical abuse or problems with alcohol or drugs
• Other significant factors impacting the child

The Guardian ad Litem should be respected as the child’s impartial advocate. As soon as the GAL is appointed, you and your Divergent Family Law divorce attorney should schedule a meeting. Showing a willingness to be honest and cooperative makes a good first impression and will positively impact the GAL's recommendation.

The child custody law firm GALs trust

The Guardian ad Litem will make a final recommendation to the parties and to the court. With your Divergent child custody attorney, you can help shape that decision. While the courts have no obligation to follow the recommendations of the Guardian ad Litem, they often give great weight to the recommendation of the Guardian ad Litem because they have had more opportunity to gather direct information regarding the children, parents and issues in the case.

Contact the family law lawyers at Divergent Law today for more information.