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What is A Guardian Ad Litem in Texas Family Law Cases?
Hopefully, during divorce or child custody cases in Texas, both parents have their children’s best interests at heart. But sometimes, when there are bitter disagreements, the child is at risk of getting lost in the process.
That’s where a guardian ad litem comes in. A guardian ad litem, also referred to as a GAL, is a court-appointed professional who advocates for a child during a family law case. Their sole responsibility is to represent the “best interests” of a child.
In a Texas family law case, a parent is not presumed to be acting in the child’s best interest. Each parent has their own attorney who fights on their behalf. For example, a parent’s interests could be the opposite of their child’s best interests if the parent is trying to win primary custody (or conservatorship) but has never played a significant role in the child’s life. In this instance, the child’s best interest is likely better served by the other parent winning primary custody.
The guardian ad litem investigates the situation and recommends to the judge what is best for the child. In this article, we explain the role of a guardian ad litem in Texas and answer frequently asked questions.
What does guardian ad litem mean?
Who can serve as a Texas guardian ad litem?
B. A professional, other than an attorney, who holds a relevant professional license and whose training relates to the determination of a child’s best interests;
C. An adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or
D. An attorney ad litem who was appointed to serve in the dual role.
Who does a guardian ad litem serve in Texas family law cases?
Texas requires court-appointed special advocates to serve as guardians ad litems in child custody cases, divorce, or Child Protective Services (CPS) cases.
A guardian ad litem provides an essential voice for the child when parents can’t agree.
Is a guardian ad litem considered an officer of the court?
The guardian ad litem is designed to be an entity that’s independent from either party. The GAL files a facts-based report to the court and offers their recommendations. The judge will review the GAL information, along with hearing testimony from both parents, before rendering a decision.
What does a guardian ad litem do outside the courtroom?
Is guardian ad litem the same as an attorney ad litem?
A guardian ad litem is an officer appointed by the court to represent the child’s best best interests. They are not required to be an attorney. However, in some cases, the judge will appoint an attorney to act as both the guardian ad litem and the attorney ad litem.
How does a guardian ad litem determine what’s best for the child?
Guardian ad litems examine each possible custody arrangement during a case and attempt to find an arrangement that allows the child to have healthy and stable relationships with both parents unless abuse is involved
Who does the guardian ad litem interview during a case?
* The child (if age four or older)
* Parents
* Family members
* Teachers
* Other witnesses
Are guardians ad litems paid in Texas?
When does the guardian ad litem’s term end in Texas?
Are guardians ad litems immune from civil liability?
This does not apply, however, to an action taken, a recommendation made or an opinion given in the following circumstances:
* Conscious indifference or reckless disregard to the safety of another;
* Bad faith or with malice; or
* That is grossly negligent or wilfully wrongful.
Need help with a child custody case? Call us.
In Texas divorce and child custody cases, it’s easy to feel overwhelmed. The Varghese Summersett Family Law Group can help you through the process and will fight on your behalf. We have helped hundreds of Tarrant County residents through some of their most difficult days. We can help you, too. Call today to schedule a consultation with an experienced family law attorney at 817-900-3220.
