A guardian ad litem (GAL) is an attorney that represents the best interests of the child. They are not an attorney for the child themselves, but rather they are appointed by the Court to ensure that the interests of the child do not get overlooked during the pendency of the litigation.

In Missouri, a GAL can be appointed under two sets of circumstances:

  1. If custody, visitation, or support is at issue, meaning that the parties are not in agreement on one or more of those issues, then the court may appoint a GAL. This means that the court has discretion whether to appoint one.
  2. If allegations of abuse or neglect are made by one of the parties, then the court must appoint a GAL. This means that the court is required to appoint one.

In Kansas, a court may appoint a GAL if the court deems it appropriate. Generally, if there are issues with custody or visitation, or if there are allegations of abuse and/or neglect, the court may appoint a guardian ad litem to represent the child’s interests.

Duties of a Guardian ad litem

Generally speaking, a GAL has two duties: to ascertain the wishes of the children and present those to the Court, and to advocate for the best interests of the children. Sometimes, those two tasks can be in conflict if the child desires something that the GAL does not believe is in the child’s best interests.

Each state publishes the duties that a GAL must perform when assigned to a case. The duties of a GAL are essentially the same in both Missouri and Kansas. Generally, they have a duty to independently investigate the facts and report their findings to the court. They also are required to make any recommendations that may be appropriate. Other duties include but are not limited to: being the representative of the child at any hearings/trials/other court proceedings; interviewing persons in the child’s life (parents, siblings, teachers, etc.); interviewing the child and making their wishes known; as well as other duties.

Cost of a Guardian ad litem

Generally, the fees for a GAL are split amongst the parties, with each party paying 50% of the GAL’s fees, but the Court has the authority to allocate the fees between the parties however it believes is just and equitable.

A family law attorney can help you determine if your children would benefit from the appointment of a Guardian ad Litem, or even if one may be required.

 

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