If you are going through a custody or parenting-time dispute, you may have heard the term โGuardian ad Litem,โ or โGAL.โ For many parents, it raises questions: What do they do? Who do they represent? Should I be worried?
In Kentucky custody cases, a GAL is a court-appointed attorney whose job is to represent your childโs best interests. Unlike your attorney, who represents you, or your co-parentโs attorney, who represents them, the GAL speaks for the child in the legal process. The court can appoint a GAL on its own or at the request of the parents
When a GAL is involved, it means the court wants someone focused entirely on understanding what outcome will serve the childโs overall wellbeing. The GAL may talk to both parents, speak with the child (depending on the childโs age and maturity), visit each parentโs home, review records, and sometimes talk to teachers or therapists.
It is important to understand that the GAL does not represent either parent. Unlike a Friend of Court, a GAL does not act as an investigator for the court. They are a lawyer, and their role is limited to giving the child a voice in the legal process, one that reflects what the GAL believes is in the childโs best interest, not necessarily what the child says they want. Under Kentuckyโs professional conduct rules, lawyers representing clients with diminished capacity (like minors) may take steps to protect that clientโs interests, even when it requires balancing what the child wants against what is safe or appropriate.
The GALโs positions are generally given great weight by the Court, but their role in your case is also limited. They are there to help the court make informed decisions about your childโs future, not replace your voice as a parent. Knowing what they do, what they do not do, and how to work with them can make a stressful process more manageable, and ultimately help you advocate for what is best for your child.
If you have questions about a GAL in your case or want help navigating custody issues, our team is here to support you with clear guidance and strong advocacy.
By Nathan R. Hardymon