I’ve written before about the role of a Guardian ad Litem (GAL). I want to focus in this post on some of the reasons you might consider seeking appointment of a GAL for your case, and the process for getting a GAL. I’ll use the terms Guardian, Guardian ad Litem and GAL interchangeably here.
Your attorney and the other parent’s attorney (or you and the other parent if you’re both unrepresented) can agree on an agreed order appointing a Guardian ad Litem for your time-sharing case, and send the order to the Judge for his or her signature. There are procedures you’ll need to follow if you’re doing this on your own – you can consult with an attorney, and there are usually case managers assigned to give some direction to clients who are representing themselves. If both sides don’t agree to appointment of a GAL, one parent/attorney can file a motion for appointment of a Guardian ad Litem, and have the motion heard and decided by the Court. Sometimes, there can be agreement on having a GAL appointed but not who to select, and the parties can submit an agreed order to the Judge for appointment of a Guardian, but leave a blank in the order for the Judge to select which GAL to appoint. The Judge might want to see both parties or attorneys in court to hear from both sides, before appointing the Guardian. Continue reading →