What does a guardian ad litem do in a Florida custody case?
A guardian ad litem, or GAL, is appointed by the court to represent the best interests of a child, usually in high-conflict cases. A GAL does not represent either parent. A GAL typically talks with the parents and the child, may speak with teachers, doctors, or counselors, reviews records, and gives the court a report with recommendations.
What a guardian ad litem is
A guardian ad litem (GAL) is a person the court appoints to represent the best interests of a child. GALs are usually appointed in high-conflict cases involving children, such as divorce, paternity, or time-sharing disputes.
The most important thing to understand is that a GAL does not represent you or the other parent. The GAL’s focus is the child. Your own attorney is the person who speaks for you.
This page is about private family court cases. In DCF dependency cases, the Florida Statewide Guardian ad Litem Office usually represents children.
What a GAL typically does
A GAL investigates the family’s situation so the court can hear from someone focused only on the child. Knowing the usual steps ahead of time can make the process feel less intimidating. A typical GAL investigation includes:
- Talking with each parent
- Talking with the child
- Possibly speaking with teachers, doctors, or counselors
- Reviewing records
- Giving the court a report with recommendations
If a GAL was just appointed in your case
It is normal to feel nervous. Be on time, be honest, respond to requests promptly, and keep the conversation centered on your children rather than on criticizing the other parent. Avoid coaching your child about what to say.
The judge makes the decisions in your case, but the court does receive the GAL’s report and recommendations. That is why it helps to talk with your lawyer before your first meeting with the GAL, so you know what to expect and can share your concerns clearly and calmly.
Asking the court to appoint a GAL
A parent can ask the court to appoint a GAL. The court decides whether to make the appointment, and the court also decides how the GAL’s fees are paid. Whether a request makes sense depends on your case, the concerns involved, and the cost.
Annette Sanchez’s years in child welfare and at DCF Children’s Legal Services give her a strong background for guardian ad litem matters. She understands what it means to look closely at a child’s safety and well-being, and she helps parents prepare with that in mind.
How Annette Sanchez Law helps
- Explain the GAL's role and what the investigation is likely to involve
- Prepare you for GAL interviews and help you organize records to share
- Help you decide whether asking the court to appoint a GAL makes sense
- Draw on Annette's child welfare and DCF background to keep the focus on your child
Frequently asked questions
Does the guardian ad litem work for me or the other parent?
Neither. A GAL is appointed by the court to represent the best interests of the child and does not represent either parent. That is true even if you were the parent who asked the court to appoint the GAL. If you need someone to advocate for your position and explain your side, that is the role of your own attorney.
Will the GAL talk to my child?
Typically, yes. A GAL usually talks with the parents and the child as part of the investigation. Try not to coach your child or tell them what to say, since the GAL is trying to understand your child’s own experience. If you are worried about how your child will handle the conversation, talk with your lawyer about it ahead of time.
Who pays for a guardian ad litem?
The court decides how GAL fees are paid. The details depend on your case and the court’s order. If cost is a concern, raise it with your attorney early, especially if you are thinking about asking for a GAL. We believe in being straightforward, so we will talk openly with you about what an appointment could mean for your family.
Can I ask the court to appoint a guardian ad litem?
Yes. A parent can ask the court to appoint a guardian ad litem, and the court decides whether to do so. Parents often consider it in high-conflict cases or when they have serious concerns about a child’s well-being. We can help you think through whether a request makes sense for your family and how to present it to the court.
Does the judge have to follow what the GAL recommends?
The GAL gives the court a report with recommendations, but the judge makes the decisions in your case. How a recommendation is weighed depends on the facts, the other evidence, and the court. That is why it matters to take the GAL process seriously and to have your own attorney present your side of the case.
Is this the same as the guardian ad litem in a DCF case?
Not quite. In DCF dependency cases, the Florida Statewide Guardian ad Litem Office usually represents children. In private family court cases, such as divorce or time-sharing disputes between parents, a GAL is appointed by the court, usually when the case is high conflict. If your family has an open DCF case, visit our dependency page or talk with us directly.