This Week’s Blog by Eric J. Broder
What is a Guardian Ad Litem in a Connecticut Divorce Case?
In the event that the parties cannot reach a resolution on parenting or custodial matters, a Guardian Ad Litem (GAL) is often appointed by the Court, either directly by the Judge or after agreement between the parties and counsel. The primary function of a GAL is to promote and protect the child(ren)’s best interests throughout the divorce case.
Who qualifies to be a Guardian Ad Litem?
To qualify, a GAL must be an attorney in good standing who is licensed to practice law in the state of Connecticut, or a mental health professional in good standing who is licensed by the Connecticut Department of Public Health in the areas of clinical social work, marriage and family therapy, professional counseling, psychology, or psychiatry.
Further, pursuant to Connecticut Practice Book Section 25-62 there is a training program which must be completed in order for a person to qualify as a GAL.
What is the Role of the Guardian Ad Litem?
The primary role of a GAL is to determine what is in the best interests of the child(ren) with respect to custody and/or a parenting plan. The GAL will investigate all relative facts and claims, meet with the parties, the child(ren), and any relevant third parties such as teachers, childcare providers, coaches, and/or medical professionals/therapists treating the child(ren) and the parties.
The GAL will participate in court hearings and possibly testify. If the matter goes to trial, the GAL will make recommendations to the court as to how the outstanding child(ren) related issues should be decided. In my opinion, the primary function of a GAL, in addition to the above, is to strongly encourage the resolution of disputes between the parties.
Who Pays for the Guardian Ad Litem?
The GAL is paid for by the parties. The court will review the financial affidavits to determine the percentage each party will contribute to the GAL’s fees. If the parties cannot afford a GAL’s rate there is a sliding scale that the court can apply thereby limiting the hourly rate of the GAL.
What is the Difference Between a Guardian Ad Litem and an Attorney For the Minor Child (AMC)?
The basic difference is that a GAL represents the child(ren)’s best interests and, while the AMC supports the best interest of the child(ren), he or she primarily represents the child(ren)’s legal interests. Generally speaking, a GAL is appointed for younger children, while an AMC is appointed for older children.
Another notable difference between a GAL and an AMC is that a GAL may testify as a witness at a hearing or trial and an AMC may not.
Can a Guardian Ad Litem be Removed from a Case?
While it is an extremely rare occurrence, it is possible for a GAL to be removed from a case. In order to do so, a party must file a motion with the court to seek the GAL’s removal and prove that the GAL is not acting in the best interests of the child(ren) and has a prejudice and/or bias against one of the parties.
At Broder & Orland LLC we carefully analyze and make all efforts to choose the most appropriate GAL for our client as well as his/her child(ren). Our hope and expectation is that a GAL will be able to work with the parties and their counsel directly to achieve a settlement which first and foremost benefits the child(ren).