Child Protection
Guardian Ad Litem/Friend of Court
Understanding the role of a Guardian Ad Litem/Friend of the Court and how these court-appointed advocates protect children.
A Guardian Ad Litem (GAL) is an attorney appointed by the court to represent the best interests of a child in legal proceedings. Unlike attorneys who represent parents, the GAL's only client is the child. Their job is to investigate the situation and advocate for what's truly best for the child, even when that differs from what either parent wants. A Friend of the Court is a newer role to protect children that can be filled by a lawyer, therapist, or other person trusted by the court. This person acts as a private investigator for the court, and eventually writes a report two weeks before any trial with recommendations. This role is unique in that a Friend of the Court can give hearsay testimony, often saving time and money.
Attorney Rene Heinrich has been appointed Guardian Ad Litem/Friend of the Court in over 1,000 cases by Kentucky courts. This experience provides unique insight into how courts evaluate custody and child welfare cases. This insight benefits every family law client we represent.
What a Guardian Ad Litem Does
When Courts Appoint a GAL/Friend of the Court
The Process
- 1AppointmentThe court appoints a GAL or FOC, either on its own motion or upon request of a party. The GAL is typically an experienced family law attorney. A Friend of the Court can be any professional trusted by the court.
- 2InvestigationThe GAL/FOC gathers information through interviews, home visits, record reviews, and observation.
- 3Child InterviewThe GAL/FOC meets with the child privately to understand their perspective, feelings, and preferences.
- 4ReportThe FOC prepares a written report for the court with findings and recommendations. (GAL may also report.)
- 5Hearing ParticipationThe GAL participates in hearings, may call witnesses, cross-examine, and advocate for the child's interests. The FOC can be called as a witness and give hearsay testimony, including statements made by the child.
- 6Ongoing MonitoringIn some cases, the GAL/FOC remains involved to ensure court orders are followed.
What We Address
Frequently Asked Questions
Who pays for the Guardian Ad Litem?
Typically, the court orders parents to share the GAL's fees. In dependency cases, the GAL is usually paid by the state. Fee arrangements are set at appointment.
Can I talk to my child about the GAL?
Yes, but don't coach your child on what to say. GALs are trained to recognize when children have been coached, and it reflects poorly on the coaching parent.
What if I disagree with the GAL's recommendation?
GAL recommendations are not binding on the court. You can present contrary evidence and argue against the recommendation. However, courts give significant weight to GAL opinions.
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