A reader of this blog submitted a question via the comments section regarding the appointment of a Guardian Ad Litem (GAL) for her divorce case. I didn’t publish that question/comment because there were too many personal details and this is not a forum for me to answer individual legal questions as my disclaimer states. I will, however, post some general thoughts on GALs, their role in your divorce case and how to ask the judge to appoint one.
I’ll start by saying that if there are minor children born to a marriage and the divorcing couple is fighting about every little detail involving the children, most judges will appoint a GAL automatically. As I explained in a previous post, the role of a GAL is to act in the best interests of the children. Those interests might not be your in own personal best interests or even your preference — but that’s not the GAL’s concern. If the GAL happens to be an attorney, he or she does not represent you or your spouse and cannot give either of you legal advice. That’s why you have a lawyer.
If you are represented by a lawyer and you feel that the appointment of a GAL would benefit your children, articulate that to your lawyer and he or she will draft the appropriate motion and/or verbally present the issue to the court. If a court rules that a GAL is necessary, one will be appointed.
Connecticut now requires that all GALs obtain certification in order to be on the approved GAL list for service in family cases. Please be aware that the services of a GAL are not free. Depending on your income, you and your spouse may be each be responsible for paying for 50 percent of the GAL’s fees (or some percentage based upon each party’s income). Most GALs require a retainer (advance payment) before they begin their work. They will bill both parties according to their normal fee schedule. Some GALs will accept payment from the State for their services. If that Court determines that you are indigent, the Court will appoint a State-paid GAL, if one is available. Not all GALs will work for State rates, which are significantly less than their normal rates. For that reason, there is usually a delay before a State-paid GAL enters your case.
If you are self-represented (which is usually not a great idea when custody, visitation and child support are involved and the case is contentious), you may file a motion with the court requesting that a GAL be appointed in your case. In some instances, if you are in front of a judge for some phase of the case and you simply ask for a GAL, he or she might appoint one without requiring a motion. It honestly depends on the circumstances — and the judge.
Either way, the appointment of a GAL is usually a sound way to proceed when issues concerning your minor children cannot be agreed upon.
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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.
copyright 2011 Irene C. Olszewski
