When it comes to custody cases in Ohio, the court's primary concern is always the best interest of the child. To help ensure this, the court may appoint a Guardian ad Litem (GAL) to your custody case. But what exactly is a GAL, and what role do they play in custody proceedings?
What is a Guardian ad Litem?
A Guardian ad Litem, often referred to as a "GAL," is an individual appointed by the domestic or juvenile court to represent the best interests of the child or children in a custody case. It's important to note that in Franklin County and surrounding Central Ohio courts, to become a GAL, one must fulfill certain requisites such as specialized training through the Ohio Supreme Court. In most Ohio counties a GAL must also be a licensed attorney.
How is a GAL Appointed in Ohio Custody Cases?
A Guardian ad Litem can be appointed in one of two ways:
Upon a motion made by either party involved in the custody case.
By the courts own determination that a GAL is necessary.
The GAL's Role and Responsibilities
It's important to keep in mind that the GAL represents the best interest of the children, not the parties involved in the case. As such, a GAL cannot provide legal advice to either party or assist them with their case. The GAL's primary duties include:
Conducting an unbiased investigation focused on the best interests of the children.
Investigating issues before the court as they relate to the children.
Reporting findings back to the court.
Making recommendations for the resolution of custody and parenting time issues.
The GAL's Investigation Process
It is the GAL’s job to investigate the issues as they relate to the children, report back to the Court regarding the findings, and ultimately make a recommendation as to the resolution of the child related issues. The GAL's investigation may include:
Meeting with both parties.
Making home visits.
Observing the parties with the children.
Speaking to the children (when age-appropriate).
Consulting with teachers, family members, and professionals (such as doctors and counselors).
Speaking with others who can offer insight into the best interests of the children.
The GAL's Recommendation
Based upon the GAL’s observations and findings, the GAL will make a recommendation to the Court as to custody and a parenting schedule. While the GAL’s recommendation typically carries significant weight with the Court, it's important to note that the Court doesn't automatically adopt it. Instead, the court considers the GAL's recommendation alongside all other evidence presented in the case.
Is a GAL Right for Your Case?
If you're involved in a custody case, you may need to consider whether a GAL would be helpful in your situation. Every case is unique, and the decision to request a GAL should be made carefully, with a full understanding of what it entails.
As a Columbus family law firm where several of our attorneys serve as court-appointed Guardians ad Litem in Franklin County and Fairfield County, we bring a unique insider knowledge to custody cases. Our dual experience – both working with GALs and serving as GALs ourselves – gives our clients an advantage in understanding and navigating the custody process. If you're wondering whether a GAL might be beneficial in your Ohio child custody case, we're here to help. Contact us today at (614) 567-3031 to schedule an initial consultation with one of our experienced and knowledgeable family law attorneys. We can discuss your options and help you make the best decision for your case and, most importantly, for your children.
Comments