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.

 

 

 

 

 

 

 

 

 

 

 

Honoring Ann Bauer: 27th Women's Justice Awards Mentor Award Winner

By Allison Gerli • April 10, 2025
We are proud to share that Ann Bauer will be honored at the 27th Annual Women's Justice Awards on April 10, 2025, as one of this year's recipients in the "Mentor" category. This award celebrates experienced legal professionals who have played an important role in guiding and supporting the next generation of attorneys. Ann’s journey in family law began with co-founding her first firm in 2009, eventually leading to the establishment of The Center for Family Law in 2013. What began as a small practice has grown into a dynamic firm with a team of attorneys and staff dedicated exclusively to family law. Ann has been the heart of this growth—leading with purpose, mentoring with compassion, and consistently advocating for positive change. Ann's unwavering commitment to transforming how families navigate legal separation has helped shift the focus from adversarial litigation to a more compassionate approach to resolution, especially within the collaborative divorce process and in mediation. Her philosophy and approach to family law continue to influence and guide a new generation of legal professionals and practitioners she has mentored throughout her career. Whether she's mentoring within the firm or taking the time to speak with a law student, Ann is always generous with her time, wisdom, and support. She also shares her expertise through active service on numerous committees dedicated to family law and domestic violence. Please join us in congratulating Ann on this well-deserved honor. We are grateful for her vision and proud to continue building on the foundation she helped establish at The Center for Family 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.