If a guardian ad litem was appointed in your Georgia custody case, expect that person to testify at trial and be questioned by both sides.
The Guardian ad Litem Is the Court’s Witness
Uniform Superior Court Rule 24.9(7) provides that “[i]t is expected that the GAL shall be called as the Court’s witness at trial unless otherwise directed by the Court,” and that the guardian “shall be subject to examination by the parties and the court.” The rule qualifies the guardian as “an expert witness on the best interest of the child(ren) in question,” who may testify about the foundation provided by witnesses and sources and “the results of the GAL’s investigation, including a recommendation as to what is in a child’s best interest.”
What You Can Ask, and What You Cannot
In Harris v. Snelgrove, 290 Ga. 181 (2011), a mother’s lawyer tried to cross-examine the guardian about her knowledge of the legal standard for awarding custody to a third party, and the trial judge stopped that line. The Georgia Supreme Court affirmed, holding that “[t]he role of the GAL at trial is not to expound on matters of law.” The judge, not the guardian, decides the law. The trial court had told counsel “you can go into the factual basis,” and that is where cross-examination belongs.
The Written Report Does Not Replace the Testimony
Rule 24.9(6) provides that at trial the guardian’s report “shall be admitted into evidence for direct evidence and impeachment purposes,” but that it is not “a substitute for the GAL’s attendance and testimony at the final hearing, unless all parties otherwise agree.” In Gresham-Green v. Mainones, 290 Ga. 721 (2012), a wife complained that the trial court relied on a report never admitted in evidence. Because the guardian testified at the final hearing, any error was harmless.
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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!