When child custody disputes become complex or contentious, Oklahoma courts may appoint a Guardian ad Litem (GAL). A GAL is not a guardian in the traditional sense. Instead, this individual serves as a neutral advocate whose primary duty is to investigate and report what is in the best interests of the child.
What Is a Guardian ad Litem?
A Guardian ad Litem is a lawyer or trained professional appointed by the court under Oklahoma law (43 O.S. § 107.3) to represent the best interests of the child in custody or visitation proceedings. Unlike an attorney representing one of the parents, a GAL is tasked with providing a neutral, child-centered perspective.
The GAL does not act as a legal guardian or take custody of the child. Instead, the GAL conducts an independent investigation and offers recommendations to the judge based on what will serve the child’s best interests.
When Is a GAL Appointed in Tahlequah?
Judges in Cherokee County may appoint a Guardian ad Litem in custody cases when:
- The parents are in significant conflict and cannot agree on custody terms
- There are allegations of abuse, neglect, or domestic violence
- One or both parents have substance abuse or mental health issues
- The child has special needs or expresses strong preferences
- The court believes additional insight is necessary to resolve the case
In some cases, either parent may request the appointment of a GAL. In other cases, the judge may appoint one on their own initiative when it appears the child’s welfare needs special protection.
What Does the GAL Do?
Once appointed, the GAL begins an investigation into the family situation. This may include:
- Interviewing the child, parents, and other family members
- Visiting each parent’s home
- Reviewing school and medical records
- Speaking with teachers, counselors, or DHS workers
- Observing parent-child interactions
After gathering all relevant information, the GAL submits a written report to the court. This report presents factual findings and provides recommendations for custody or visitation. The judge may give the GAL’s opinion significant weight, especially when the parents strongly disagree.
Who Pays for the Guardian ad Litem?
The court may order one or both parties to pay the costs associated with the GAL’s appointment. In some cases, especially when a parent requests the GAL, that parent may be responsible for the fees. However, the judge can apportion the costs based on each party’s ability to pay.
What If I Disagree With the GAL’s Recommendation?
The GAL’s recommendation is influential, but it is not binding. You still have the right to present your own evidence, call witnesses, and cross-examine the GAL at trial. The judge makes the final decision based on the totality of evidence and the child’s best interests.
If you disagree with the GAL’s findings, it’s critical to work with an experienced custody attorney who can challenge the report and present your side effectively.
Speak With a Cherokee County Family Lawyer
The appointment of a Guardian ad Litem can dramatically shape a custody case. Whether you’re requesting a GAL or responding to one, our team at Tahlequah Lawyers is here to guide you. Call 539-867-2321 today for a free and confidential consultation with one of our child custody attorneys, or click here to ask your question online.