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In divorce and custody matters, parents frequently disagree about what is in the best interests of their child. For the protection of the child(ren), Courts often appoint a Guardian Ad Litem (GAL) to look into what their best interests are.

What is a GAL? What do they do?
  • A GAL is a neutral individual appointed by the Court that adds an objective opinion as to what the best interests of the child are.
  • A GAL reports back to the court and makes recommendations about the child's overall living situation.

What are some of the benefits of having a GAL?
  • A GAL will provide an objective opinion and develop a factual understanding of the child's life as an individual apart from how their Mother and Father believe their life is like.
  • GALs act as advocates for the child.
  • A guardian has the ability to bring a variety of motions such as to modify custody, visitation, seek enforcement of a court order, and move for contempt.
  • GALs make recommendations that will allow the child to have a meaningful relationship with both parents.
  • It does not allow parties to attempt to unduly influence the child or coach him or her about what to say, or try to manipulate the child's behavior to gain an advantage.

What are some of the limitations of having a GAL?
  • A guardian may have specific limitations, depending on Florida state law.
  • Parties may be required to cooperate with the GAL and comply with their reasonable requests.
  • There may be serious consequences if parents fail to abide by the GAL's recommendations.

Do Courts always follow GAL Recommendations?

  • The GAL's views tend to carry great weight with the court because they are the most objective professional opinions in the case.
  • Courts tend to follow the recommendations, even though they are not required to do so.

* Child Custody and the Role of a Guardian ad Litem, HG.ORG LEGAL RESOURCES, https://www.hg.org/legal-articles/child-custody-and-the-role-of-a-guardian-ad-litem-42999 (last visited on Sep. 22, 2021). 

For more information on the role of a GAL in custody matters, contact our office at (786) 431-5016 to schedule a consultation.