Guardian ad Litem

ROLE OF THE GUARDIAN AD LITEM (GAL) IN FAMILY COURT

When is a GAL Appointed?

• A court must appoint a GAL for a child in cases involving:
  • Child abuse or neglect
  • Termination of parental rights
  • Adoption
  • Child’s name change
• A GAL may be appointed for a child in a custody case when the court finds:
  • There is a substantial dispute between the parties, and a GAL is needed to establish the necessary facts for the court; OR
  • Both parties agree to the appointment of a GAL, who is then approved by the court.

Who may be a GAL?

A GAL must:

• Be 25 years of age or older
• Have a high school diploma or its equivalent
• Attend legal education classes on family law
• Observe custody hearings
• Not be convicted of any crimes
• Not be on the DSS Central Registry
• Not have an interest in the case

A GAL may be an attorney, but it is not required.

What is the role of the GAL?

The responsibilities of a GAL include:

• Representing the best interests of the child
• Investigating the situation of the child and the family by reviewing the child’s school and medical records
• Meeting with and observing the child
• Interviewing the parents and caregivers, school officials, and law enforcement
• Getting the criminal history of each party
• Considering the wishes of the child, if appropriate
• Making suggestions for evaluation services and treatment for the child and the child’s family
• Presenting written reports to the court
• Keeping a file with notes and attending all court hearings

A GAL is NOT allowed to recommend to the court who should have custody unless the judge specifically requests it.

Who pays for the GAL?

• The court must set forth the method and rate of compensation for the GAL.
• Generally, the parties in the lawsuit will be responsible for paying the GAL.

Should you cooperate with the GAL?

• If you are unsure about any requests made by the GAL, you should contact your lawyer.
• The court can order you to comply with the GAL’s requests.
• The GAL is there to serve as an objective party and will be giving the court a report based on his or her findings.
• It is in your best interest to cooperate with the GAL so that he or she may gather all the necessary information.
• You may be required to take medical tests.

Volunteer vs. Private GAL

A volunteer GAL has completed training with the Cass Elias McCarter Guardian ad Litem Program within the South Carolina Department of Children's Advocacy. The GAL is generally appointed by the family court in actions initiated by the Department of Social Services involving child abuse and neglect. Volunteer GALs are not paid for their time.

Private GALs may be appointed by various courts in South Carolina where there are issues such as custody, visitation, or delinquency. Private GALs are not required to undergo training by the Cass Elias McCarter GAL Program and they are paid for their time.

Whether volunteer or private, the GAL has the same responsibilities in a case.