A Guardian ad Litem (GAL) is a court-appointed representative when parents cannot agree on child custody or the placement of children. The GAL temporarily advocates for the child’s best interests and gives the court recommendations for the terms around custody.
A guardian ad litem does not fight for what the child wants, but rather advocates for the child’s best interest. For example, a GAL will disregard what the child wants if one parent is more suitable (or not suitable) for sole custody. Wisconsin Statute Chapter 767.407 covers the role and responsibilities of a guardian ad litem in family law cases, including child custody and visitation disputes.
In Wisconsin, a guardian ad litem is appointed by the court when parents cannot agree on custody and placement. If the court is concerned for the child’s well-being, a judge will appoint a GAL. Either party can also request a GAL if the necessary paperwork is filed and approved by the court. The lawyers at Divergent Family Law can assist you in filing a Petition for Appointment of Guardian ad Litem.
If the other party is being unreasonable in their demands with the children, requesting a GAL is the next step. If the other parent is truly acting unreasonable, the GAL will be able to spot this behavior and intervene.
At the very least, the GAL will report the behavior to the judge and that will be taken into consideration with any decision. Courts give great deference to the GAL’s report and recommendation, as they do the leg work.
Before trial, the GAL will prepare the finding of their investigation. The guardian ad litem will outline any additional actions to obtain missing information/roadblocks. Pre-trial measures include reviewing all legal papers, motions, pre-trial briefs, etc.
At trial or other final contested court hearing, an official recommendation will be presented to the court. The court determines if the report is written or verbal. The GAL is also a party to the action and, as such, has the right to introduce evidence, call their own witnesses and cross-examine the witnesses called by other parties.
A judge will not always find a guardian ad litem’s recommendation persuasive. A GAL’s recommendation must have good evidence behind it. If the GAL has done their job and has thorough, supporting evidence, then yes, the recommendation will carry weight in the court’s eyes.
During a home visit, the guardian ad litem looks for anything affecting the child’s well-being and the stability of the child’s home life. A guardian ad litem will conduct a home visit with or without notice. If a social worker is on the case, the GAL and social worker may visit your home jointly.
This is not unusual - particularly if the other parent alleges your home is unsuitable for children. Prepare by ensuring your home is clean, orderly, kid-friendly and is a good atmosphere for children.
Unless there is a reason to catch the parent off-guard. Allegations such as excessive drinking or the child being left alone are more likely to prompt a surprise drop-by.
GALs play fair.
If the guardian ad litem plans to talk or interview the children, the visit could take longer.
The guardian ad litem will decide if children should be present before the visit. Attorneys are not always included during a home visit but are allowed. The GAL may request to meet other adults or individuals who live at the home with the children (such as step-parents or step-siblings). New boyfriends/girlfriends, grandparents or neighbors should not be included unless requested by the GAL.
If you care about your child’s best interests, you and the guardian ad litem are on the same team.
The GAL in your case has limited time to get to know you and your child. Do not use the time to “vent” about your ex.
Do not respond negatively or offensively to a GAL’s questions. The GAL has your child’s best interests and you are on the same team. The GAL must do their “due diligence” by asking hard questions.
Respond positively to any requests. If the GAL asks for specific information or documents, help them do their job by getting the items quickly.
“Sorry, I don’t have that information right now.” Although sometimes unavoidable, go to every meeting prepared. Bring court papers, orders or any other relevant documents.
If there is an important matter affecting your child, keep your concerns “child-centered” rather than about your needs or feelings. Remember, the GAL is your child’s advocate and not the referee in the dispute between you and your child’s other parent.
Do not make unreasonable demands. The guardian ad litem’s role is to make recommendations to the judge and has no authority to change a court’s orders.
*There are other examples of what not to say to a guardian ad litem, specific to your unique circumstances. Contact a Divergent Family Law Lawyer for help.
If it feels like your appointed guardian ad litem is snooping around and being invasive – it’s because they are. It’s their job. Although it can be hard to know if a GAL is on your side, look at the facts. Are you a loving parent with your child’s best interests at heart? Do you have a good attitude with the GAL? Are you cool, calm, collected and helpful? If you provide a loving and safe atmosphere for your children, you and the guardian ad litem are allies.
The court determines a reasonable rate and orders either or both parties to pay all or any part of the compensation of the guardian ad litem. Compensation is for the GAL’s legal fees and investigation costs, such as fees for tests and experts.
In Wisconsin, the fees for a guardian ad litem range from $1,000 – $3,000. If you cannot afford your portion, you may file a motion to reduce the fee, have the other party pay, have the court pay or get the fee waived.
You can discuss your concerns directly with the GAL, contact the court through writing or complete a complaint form against the guardian ad litem. Discuss the situation with your lawyer for the best advice.
There are very unique and limited circumstances in which a new guardian ad litem would be assigned. Disagreeing with a GAL’s recommendations is not a valid reason to request a new one.
Wisconsin Statute 767.407 (4m) (a) states at any time after 120 days, a party may ask the court for a status hearing related to the actions taken and work performed by the GAL. A second hearing can be filed 120 days after the first.
If the father or mother is lying to the guardian ad litem, and the lie is discovered, their credibility will be diminished based on the severity. The GAL will likely report the lie to the court and the GAL’s final recommendation may be impacted.
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