A guardian ad litem, or GAL, is a person a Georgia judge appoints in a custody case to investigate and represent the child’s best interests.
Appointment Is Up to the Judge
Under Uniform Superior Court Rule 24.9, the judge may appoint anyone who “has been trained as a GAL or is otherwise familiar with the role,” and the GAL “shall represent the best interests of the child.”
A parent can ask for one, but the judge need not agree. In Barrett v. Bryan, 896 S.E.2d 125 (Ga. App. 2023), a mother asked for a GAL three times, and the judge decided after the temporary hearing that one was not needed. The Court of Appeals affirmed, explaining that the judge weighs the child’s best interest, “including indications of potential danger to such child.”
What the GAL Can See
Under Rule 24.9(4), the GAL may request court, DFCS and juvenile court records about the child, may see the child’s school, medical and counseling records with a release or court order, and may “examine any residence wherein any person seeking custody or visitation rights proposes to house the minor child.” A parent’s own counseling records reach the GAL only if that parent signs a release. Rule 24.9(5).
The Recommendation Is Not the Decision
The GAL’s written report makes recommendations, and OCGA 19-9-3(a)(3)(O) makes “[a]ny recommendation by a court appointed custody evaluator or guardian ad litem” a best interest factor. But in King v. King, 284 Ga. 364 (2008), the GAL recommended physical custody for the mother, the judge gave it to the father, and the Georgia Supreme Court affirmed, noting that “the recommendations of the [guardian ad litem] are not a substitute for the [trial] court’s independent discretion and judgment.”
Who Pays
The parents do. Under OCGA 19-9-3(g), the judge may order the GAL’s fees paid “by the parties in proportions and at times determined by the judge.” Our post on the guardian ad litem’s testimony covers the trial itself.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!