A Guardian ad Litem (GAL) in Georgia is a court-appointed advocate responsible for representing the best interests of a child in legal proceedings, primarily in cases involving custody disputes, child abuse, neglect, or termination of parental rights. The GAL serves as an impartial investigator and advisor to the court, ensuring that the child’s welfare is prioritized over the interests of either parent or other parties involved. The role of a GAL is particularly crucial in highly contested custody battles or when there are concerns about a child’s well-being and safety.
A GAL conducts a thorough investigation to understand the child’s circumstances by interviewing parents, relatives, teachers, medical professionals, and other individuals who have insight into the child’s life. They may also observe the child’s home environment, review relevant documents such as medical records and school reports, and assess any factors that could affect the child’s welfare. After gathering this information, the GAL compiles a report with recommendations to the court about what custody arrangement or course of action would best serve the child’s interests.
In addition to conducting investigations, a Guardian ad Litem participates in court proceedings by presenting their findings, making recommendations, and sometimes testifying about their observations and conclusions. The GAL is not the child’s attorney but acts as their advocate, ensuring that the court is fully informed about factors affecting the child’s well-being. Their recommendations are influential, but the final decision rests with the judge, who considers the GAL’s input along with other evidence in the case.
The appointment of a GAL in Georgia can be requested by either party in a legal case or ordered by the judge if deemed necessary. GALs are attorneys or professionals who receive compensation for their services. Their ultimate duty is to ensure that the child’s needs, safety, and best interests are at the forefront of any legal decision. Their work is essential in ensuring that children in difficult family situations receive fair representation and that their voices are heard in court proceedings.
Unfortunately, services of a Guardian ad Litem are often unaffordable for those families that need them the most. Generally, both parties pay one half of the Guardian ad Litem’s hourly rate in addition to the fees paid to their respective attorneys.
William M. Overend has been serving as Guardian ad Litem in Juvenile and Superior Courts since 2008 and employs a sliding scale to determine GAL fees for parties in high conflict custody proceedings. Based upon the parties joint monthly incomes, these fees can be as low as $38 per hour per parent.