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Understanding the Role of the Guardian ad Litem

Hallie Van Duren • July 18, 2022

What is a GAL?

 

 A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The court is required to appoint a GAL in any proceeding in which child abuse or neglect is alleged. Depending on the county, it is fairly typical for judges to also appoint a GAL in cases where custody is disputed, even if abuse and neglect is not specifically alleged.  GALs may be involved in all types of cases where custody is at issue, including: divorces, unmarried child custody cases, adoptions, grandparent visitation, third-party custody and visitation, and guardianships.

 

Ultimately, the GAL’s job is to investigate the circumstances of the child and the child's parents or caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child, in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.

 

GAL Fees

 

When a GAL is initially appointed by the court, one or both parties will typically be required to pay an initial deposit. The total fees for a GAL depend on the work required on the case, and the Judge will order additional GAL fees as the case progresses, depending on the amount of time the GAL spends investigating. The issue of GAL fees will often be addressed at court appearances, with a larger deposit towards GAL fees required if a case is set for trial.

 

Often GAL fees will be allocated 50% to each party, without regard to “fault” or time spent with the GAL. Other times, the Judge will look at the income percentages of each party and the reasons the fees were incurred and order an unequal division of the fees.  It is very important that the GAL be paid as ordered.


If a GAL is assigned in your case and you are not in a position to pay, it is important that you discuss this with your attorney immediately. The judge will require both parties to pay the GAL fees regardless of what transpires throughout the case. At the conclusion of the case, any amounts not covered by ongoing fee deposits will be ordered to be paid by one or both parties.

 

What to Expect When Working With a GAL

The GAL will meet with both parties and the child, unless the child is very young. Depending on the complexity of the case and GAL’s preference, the GAL may meet with the parties and the child more than once. The GAL usually meets with the child separately from the parents, but every GAL has his or her own approach to interviewing the child and other family members.

 

Often the GAL will gather information from not only the parents and the child, but also the school, counselors, doctors, extended family, or other significant people in the child’s life. If a GAL is appointed in your case, you should be prepared to comply with a GAL’s request for the child’s medical records, and be prepared for the GAL to ask to speak to relevant people in a child’s life in order to understand the full-picture of the family situation. If there are concerns regarding a parent’s mental or physical health, or drug or alcohol addiction, the GAL may request a parent's medical records or an evaluation of one or both parents. The GAL may also make recommendations regarding communication between the parent's and counseling.


If a GAL is appointed in your case, the GAL is not the attorney for either parent. There is no attorney-client privilege with the GAL, any communication with the GAL can and likely will be shared with the other parent, the attorneys, and the Judge. 


While the GAL does play a significant role in the outcome of custody issues, the GAL does not have the authority to make final orders related to the child. The GAL can only investigate and provide a recommendation. While that recommendation has significant weight in Court, the ultimate outcome of custody issues are in the sole discretion of the Judge. Often having a GAL involved in a case will help the parents work through issues that arise while the case is pending and resolve conflicts by having a neutral party involved. By making preliminary recommendations during the case, parents can have a better idea of where their case is headed, which can sometimes help the parties reach a settlement outside of Court.  


Every family law case is different and every GAL is different. If a GAL has been appointed to your case, you should consult with your attorney about how best to engage with the GAL and what to expect.


Article written with contribution from the Firm's law clerk, Adele Rosenthal.  Adele will be starting her 2L year at Washington University School of Law.

 

 

 

 

 

 

 

 

 

 

 

Second Saturday Workshop - 2025 Dates

January 24, 2025
The Center for Family Law is excited to announce the start of its fourth year hosting the Second Saturday Divorce Workshops, providing valuable support and guidance to individuals navigating the divorce process.

Tips for Co-Parenting During the Holidays

By Allison Gerli • December 20, 2024
The holiday season can be a balancing act for all parents, but it can be especially challenging for divorced parents who need to coordinate plans with a former spouse and navigate interactions with new partners. While some stress is to be expected, with careful planning, flexibility, and the right mindset, you can make the holidays smoother for everyone. Here are a few tips to help you manage. Prioritizing the Children. The holidays are a time for children, and their well-being should be the focus of the schedule. Whether it's your first holiday post-divorce or you have had a few years to adjust, there are simple steps you can take to make the season easier for them. Create a Joint Plan. Collaborate with your ex to ensure the children can spend time with both of you without feeling torn. A clear, shared plan helps avoid confusion and conflict. This might involve splitting the day between both households or longer periods of time with each parent to allow for out-of-town travel to visit relatives. It is important that parents are on the same page on what schedule will be followed and that is communicated to the children as a joint plan. Balance Traditions with Flexibility. It is natural to want to keep cherished family traditions, but flexibility is key. Discuss with your co-parent which traditions are most important and find a realistic way to divide them. This ensures that the kids do not feel pressured to choose between one tradition or family, allowing them to enjoy special moments with both sides. Create New Traditions. This is an opportunity to start fresh. Let go of old expectations and focus on what will bring joy to your current family setup. Whether changing when your holiday meal occurs or coming up with new ways to celebrate with those who matter now, these changes can redefine your holiday experience in a way that reflects your family as it is today. Remember, children care more about spending time with you and celebrating together than about the exact day. [The Right] Communication is Key. Keeping communication focused on the kids can help prevent old conflicts from resurfacing. Keep discussions brief and to the point. Set times to address important matters and confirm plans through a message or email to ensure everyone is aligned and to prevent miscommunication. Involving New Partners. Whether it is you or your ex with a new partner, you should be mindful of how this change can stir emotions and make the situation feel uncertain. If planning to include a new partner in holiday activities, having a conversation with your ex beforehand is best. Discuss your plans for the day and make sure your ex is comfortable with the arrangement. If you are nervous about being around your ex’s new partner, remember that you have the right to decide how much or how little to engage with this new person, all while keeping things positive and calm for the children. Children may also need time to adjust to a new partner, particularly if the relationship is still fresh. Monitor how they are coping and give them space to process these changes. Do not force interactions, and if possible, let the relationship evolve naturally. Spending Time with Former In-Laws. Another challenge during the holidays for separated parents is dealing with ex-in-laws. Seeing them may feel awkward, but it is often necessary for the children's sake. If spending time with your ex-in-laws feels too emotionally challenging, be honest with yourself and them. It is okay to politely decline an invitation if it being there would cause too much stress. Regardless of how you feel about your ex-in-laws, remember that ex-in laws are still important figures in your children’s lives, and it is often best for the kids if you maintain a relationship with them. Encourage your children to spend time with their grandparents or other relatives from your ex’s family when possible. Remember even when feeling frustrated, remind yourself that cooperation between parents benefits the children, making these moments more manageable.

Trivia Night for a Cause: Supporting Children Impacted by the Criminal Justice System

December 18, 2024
(This article was originally posted in November 2024 by Courtney Green on the website of The Bar Association of Metropolitan St. Louis and can be found here .) Every year, a heartwarming and competitive event takes place that not only tests participants’ knowledge but also makes a significant impact in the lives of children affected by the criminal justice system. The annual Motion for Kids Trivia Night hosted by BAMSL’s Young Lawyers Division, has become a beloved tradition, blending fun with philanthropy to raise funds for the Saint Louis Bar Foundation’s Motion for Kids holiday event aimed at providing a magical holiday experience for children in the Metropolitan St. Louis area, most of whom are currently in foster care. A Night of Fun and Philanthropy The 2024 trivia night will be held at the Parkway United Church of Christ and draws participants from the St. Louis legal community, along with friends, family, and colleagues to compete in a lively atmosphere filled with friendly competition. The trivia night is made possible by sponsors in the legal community who play a vital role, providing financial backing and in-kind donations that help cover costs and enhance the evening’s festivities. Additionally, gracious volunteers and members of the Young Lawyers’ Division donate their time to help organize the event and ensure its success. Adding in a twist each year, the trivia night themes have ranged from the 90’s to “The Eras tour”. This years’ theme is a spooky, legal-adjacent: “Whodunnit? Beyond a Reasonable Doubt.” As the trivia rounds unfold, teams will battle it out to compete for bragging rights (and potential prizes). The questions are crafted to be both challenging and entertaining, ensuring that everyone, from trivia novices to seasoned experts, can contribute. Silent Auction, 50/50 Raffle, & Games Galore One of the highlights of the evening is the silent auction, featuring an array of enticing items donated by generous St. Louis based businesses, community members, and local firms. Ranging from gift certificates to tickets for local sporting events, attendees can bet big on items, knowing that every item raised will directly benefit the Motion for Kids holiday event. The auction not only raises vital funds but also showcases the community’s creativity and generosity. Additionally, there are other opportunities to show support for the Motion for Kids event at the trivia night, including a 50/50 raffle, and mini-games in-between rounds, which are sure to stir up excitement. The proceeds raised from these games will also be given directly to Motion for Kids. Impact on Children’s Lives The funds raised during trivia night play a crucial role in making the annual holiday party a reality. The Motion for Kids event provides a joyful experience for children who often face significant challenges in their young lives. For many of these children, the holiday party is one of the few occasions where they can experience the warmth of community, receive gifts, and enjoy festive activities in a safe and welcoming environment. BAMSL volunteers work tirelessly to create a magical atmosphere, complete with decorations, games, and a visit with Santa Claus. The smiles on the children’s faces during the party serve as a reminder of the positive impact the community can make when it comes together for a common cause. A Community Effort The Young Lawyers’ Division Trivia Night is more than just a fundraising event; it’s a testament to the power of community. Local firms, businesses, individuals, and organizations come together to ensure that children impacted by the criminal justice system feel loved and supported during the holiday season. The success of this event highlights how collective efforts can bring joy and hope to those who need it most. It is the Young Lawyers’ Division goal to not only raise money for the Motion for Kids holiday event, but to encourage a sense of accomplishment and commitment from trivia night attendees for the role they have played in the lives of these children. Trivia Night has become a cherished tradition, one that reinforces the message that together, we can create a brighter future for our most vulnerable children.
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