What is a Guardian Ad Litem?

If you are involved in a custody battle, you may have heard about a Guardian Ad Litem and be wondering what that is and how it involved in deciding custody for your child. In Mississippi, a Guardian Ad Litem is a court-appointed individual who may act as an arm of the court in custody disputes. They try to determine the best interests of the child in custody decisions.

If you’re involved in a custody case, you should strongly consider consulting with an attorney to ensure your case is accurately and thoroughly presented, especially if a Guardian Ad Litem has been appointed or you think one may be.

Campbell Law is committed to our clients and to the best interests of their children. As an experienced child custody attorney, Jason Campbell has been representing families in court for over 10 years. Contact us today to schedule a free consultation to discuss the details of your case. 

What Is a Guardian Ad Litem and What Do They Do? 

Guardian Ad Litems (GAL) are used in divorce and custody cases to represent minors. They are appointed by the court to investigate claims of abuse or neglect. After an investigation, a Guardian Ad Litem will report their findings to the court along with a recommendation.

In Jones v. Brown , 154 So.3d 919 (MS. Ct. App. 2015), the Appellate Court of Mississippi provided the general purpose and scope of GALs and their duties:

“In Mississippi jurisprudence, the role of a guardian ad litem historically has not been limited to a particular set of responsibilities. In some cases, a guardian ad litem is appointed as counsel for minor children or incompetents, in which case an attorney-client relationship exists and all the rights and responsibilities of such relationship arise. In others, a guardian ad litem may serve as an arm of the court—to investigate, find facts, and make an independent report to the court. The guardian ad litem may serve in a very limited purpose if the court finds such service necessary in the interest of justice. Furthermore, the guardian ad litem’s role at trial may vary depending on the needs of the particular case. The guardian ad litem may, in some cases, participate in the trial by examining witnesses. In some cases, the guardian ad litem may be called to testify, and in others, the role may be more limited.”

When Is a Guardian Ad Litem Appointed?

When a child is mistreated, Mississippi law requires the judge on the case to make a court appointment of a Guardian Ad Litem. This usually happens when allegations of abuse or neglect are brought up as part of divorce or custody cases. Typically, one attorney will file a motion to appoint a Guardian Ad Litem. The chancellor can also make the motion if allegations of abuse or neglect are raised.

MCA 93-5-23 requires appointment of a GAL “when a charge of abuse or neglect arises in the course of a custody action.”

MCA 93-15-107 requires a GAL for the child(ren) in termination of parental rights (TPR) cases.

MCA 93-17-8 requires a GAL for the child(ren) in a contested adoption.

Who Pays for a Guardian Ad Litem

Payment for the Guardian Ad Litem may depend on the factors of the case. In some situations, the person raising the allegations may have to pay an upfront retainer of somewhere between $500 - $5,000. Some judges may choose to split the fee between the parents. If both parties are unable to pay for the Guardian Ad Litem, the judge may order the county to pay. 

If you are raising the allegations and are required to pay, you may be able to get your money back. Your fees could be paid back if your allegations are substantiated, the other party is found in contempt, or the judge decides that reimbursement of your fees would serve fundamental fairness or principles of equity.

After the Guardian Ad Litem Is Appointed

After a Guardian Ad Litem is appointed to your case, they will begin investigating you, your life, and your role as a parent to your child. As part of this, they visit your home to investigate allegations. You, your child, your acquaintances, and other adults your child interacts with will be interviewed about your child’s life. Your child’s medical and educational records will also be looked at, and they will also speak with your child’s teachers and school. 

After the investigation is complete, the GAL will send a written report to the court and the attorneys involved in the case. The GAL may do a follow-up investigation and report until the Court concludes the case. The report may result in temporary custody orders being entered by the court.

What to Do if You Get a Bad Report

If the Guardian Ad Litem submits a report that does not favor you and you don’t already have an attorney, you should consider consulting one immediately. The court doesn’t have to follow the report, but it does weigh heavily on their decision. An experienced attorney may be able to help you with trial tactics to address any issues raised by the report.

Contact Campbell Law About Guardian Ad Litem Issues

Dealing with a custody case involving a Guardian Ad Litem can be extremely stressful, especially if your case isn’t being represented effectively. If you’re involved in any sort of custody dispute, it’s recommended that you consult an attorney as soon as possible. 

Working with a trusted lawyer may help you bypass the stress and help you be as prepared as possible when going through this complicated process. Contact Campbell Law today to discuss your case and learn how we may be able to help.

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