Questions about GAL, Attorney Ad Litem

[hermom1127]

What is the name of your state (only U.S. law)? Texas

Hi. I'm new and I have been researching the last two days as to what GALs are and what Ad Litems are in the state of TX. Everyone on here has stated that Ohiogal is both a family law attorney/GAL, so I guess my question would be directed at her mostly but is open to anyone.

My question is not meant to be rude, but i'm wondering what kind of background a GAL must have in child psychology if any? I would also like to ask Ohiogal what her background is (w/out getting into specifics) and are the requirements different from state to state or do all GALS have to have some background in child development/psychology or not?

Thank you for any input and advice you may have. I know this isn't really a legal question, but i'm curious and OG seems very well respected (and disliked by people who seem to want to serve their own interests)

 

[wileybunch]

I'm going to answer because it doesn't necessarily need a particular GAL to answer. And, the requirements do vary by state, but here is the answer to your question without specifically going state by state:

Guardians ad litem are often appointed in divorce cases or in parenting time disputes to represent the interests of the minor children. Guardians ad litem are also used in other family matters involving grandparents obtaining custody or grandparenting time as well as protection orders where one parent is attempting to get an order against another party with a legal connection to the mother of the child. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys to others with the appropriate qualifications. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the county government pays the fee of that attorney. The guardian ad litem's only job is to represent the minor children's best interests.

Guardians ad litem are also appointed in cases where there has been an allegation of child abuse, child neglect, PINS, juvenile delinquency, or dependency. In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction and can be volunteer advocates or attorneys.

They are also appointed in guardianship cases for adults (see also conservatorship). For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a power of attorney and now has dementia.

Guardians ad litem can be appointed by the court to represent the interests of mentally ill or disabled persons.

Legal guardian - Wikipedia, the free encyclopedia

 

[Just Blue]

I'm going to answer because it doesn't necessarily need a particular GAL to answer. And, the requirements do vary by state, but here is the answer to your question without specifically going state by state:

Guardians ad litem are often appointed in divorce cases or in parenting time disputes to represent the interests of the minor children. Guardians ad litem are also used in other family matters involving grandparents obtaining custody or grandparenting time as well as protection orders where one parent is attempting to get an order against another party with a legal connection to the mother of the child. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys to others with the appropriate qualifications. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the county government pays the fee of that attorney. The guardian ad litem's only job is to represent the minor children's best interests.

Guardians ad litem are also appointed in cases where there has been an allegation of child abuse, child neglect, PINS, juvenile delinquency, or dependency. In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction and can be volunteer advocates or attorneys.

They are also appointed in guardianship cases for adults (see also conservatorship). For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a power of attorney and now has dementia.

Guardians ad litem can be appointed by the court to represent the interests of mentally ill or disabled persons.

Legal guardian - Wikipedia, the free encyclopedia

Wiley,

Although I am not disputing this particular assessment of a GAL, you do realize that Wiki is a very bad source for research???

 

[wileybunch]

Wiley,

Although I am not disputing this particular assessment of a GAL, you do realize that Wiki is a very bad source for research???

I'm not going to get into a debate about wiki articles or buy the idea that it's "a very bad source for research" (if it were, you'd be able to toss out the majority of the article as being untrue), but this is a circular argument since this article is valid and states what anyone could have to define a GAL, but easier to cut/paste.

 

[Ohiogal]

Wikipedia is normally not the best place however its description of a GAL is accurate as far as it goes. Many states require GALs to have specific training. In my state I am required to have yearly training that updates specifics. I was also required to receive 40 hours of training before my first case. This training covered child psychology, abuse, minimum appropriate standards for custody, and various other tools. This is in addition to all the courses that I took in college and law school.

There is also a difference between a GAL and a CASA. The terms are sometimes used interchangeably but they are not the same thing. A CASA is a volunteer who can have ANY kind of background. They are not given all of the cases that a GAL may be appointed. They work with abuse, neglect and dependency cases as volunteers for the children. They are advocates but NOT attorneys necessarily. A GAL normally has at least a four year degree though most likely a Master's in Social Work if NOT be an attorney.

It is NOT a simple question to answer quite frankly. Because it depends. It depends on what type of work the GAL is actually doing. I am not a TX GAL but generally attorneys have a few psychology courses and extended training in children's issues through CLE's. Some attorneys may have undergrad psychology degrees.

 

[hermom1127]

Thank you for your answers. I'll keep researching to see what courses are required for certification in the state of Texas.

In my paticular case, it's been recommended to me that our child be appointed an Attorney Ad Litem, but because I want our daughters best interest served, it seems a GAL would do this more so than an Ad Litem. If i'm wrong, tell me, but it seems that AAL would serve the childs interest and lets face it, children shouldn't make these decisions or else all parents would've been fired at one time or another.

Sorry for not going into more detail, but I would hate for my ex to locate this and piece it together. I'll meet with my attorney on Thursday and I just wanted to be clear on this. I understand that my attorney is serving my interests and that is why she would recommend a AAL rather than a GAL, but I wanted a little more info before I spoke with her about it.

Do you know if GAL qualifications are determined by state or can they be different by county? Thanks

 

[Ohiogal]

Thank you for your answers. I'll keep researching to see what courses are required for certification in the state of Texas.

In my paticular case, it's been recommended to me that our child be appointed an Attorney Ad Litem, but because I want our daughters best interest served, it seems a GAL would do this more so than an Ad Litem. If i'm wrong, tell me, but it seems that AAL would serve the childs interest and lets face it, children shouldn't make these decisions or else all parents would've been fired at one time or another.

Sorry for not going into more detail, but I would hate for my ex to locate this and piece it together. I'll meet with my attorney on Thursday and I just wanted to be clear on this. I understand that my attorney is serving my interests and that is why she would recommend a AAL rather than a GAL, but I wanted a little more info before I spoke with her about it.

Do you know if GAL qualifications are determined by state or can they be different by county? Thanks

An Attorney Ad Litem is a GAL who is an attorney.

 

[LdiJ]

An Attorney Ad Litem is a GAL who is an attorney.

I am not sure that is true in TX. I know that in some states its possible to get an attorney appointed to represent the actual wishes of children, NOT their best interests but their actual wishes.

 

[Ohiogal]

I am not sure that is true in TX. I know that in some states its possible to get an attorney appointed to represent the actual wishes of children, NOT their best interests but their actual wishes.

Understand. An attorney ad litem represents both the child's wishes and best interests. In Ohio for instance an attorney is appointed to represent the child's wishes. An attorney ad litem is an attorney guardian ad litem who represents BOTH. A guardian ad litem represents a child's best interests and a CASA guardian ad litem is a volunteer who makes recommendations regarding the child's best interests and wishes to a certain extent. When the wishes conflict with the best interests then the jobs are split between an attorney (for the wishes) and a GAL (be it an attorney or casa GAL) for the best interests.

 

[hermom1127]

Understand. An attorney ad litem represents both the child's wishes and best interests. In Ohio for instance an attorney is appointed to represent the child's wishes. An attorney ad litem is an attorney guardian ad litem who represents BOTH. A guardian ad litem represents a child's best interests and a CASA guardian ad litem is a volunteer who makes recommendations regarding the child's best interests and wishes to a certain extent. When the wishes conflict with the best interests then the jobs are split between an attorney (for the wishes) and a GAL (be it an attorney or casa GAL) for the best interests.

I follow you. So, if my attorney is recommending an AAL versus a GAL it's okay in your opinion? I know this isn't legal advice, but i'm just concerned about an attorney representing our childs wishes versus best interest. Can't spoil 'em too much and I just have a feeling it's gonna open a can of worms.

 

[LdiJ]

I follow you. So, if my attorney is recommending an AAL versus a GAL it's okay in your opinion? I know this isn't legal advice, but i'm just concerned about an attorney representing our childs wishes versus best interest. Can't spoil 'em too much and I just have a feeling it's gonna open a can of worms.

Have you asked your attorney why he/she feels that strategy is best?

 

[Ohiogal]

I follow you. So, if my attorney is recommending an AAL versus a GAL it's okay in your opinion? I know this isn't legal advice, but i'm just concerned about an attorney representing our childs wishes versus best interest. Can't spoil 'em too much and I just have a feeling it's gonna open a can of worms.

If my understanding is correct about your use of the phrase, an AAL is a GAL who is an attorney. Confirm that with your attorney. You would want an attorney representing your children's best interests and not just their wishes.

 

[garrula lingua]

From Travis County, Texas, website:

Q: What is a Guardian Ad Litem?

A Guardian Ad Litem represents children's best interests in family law cases. All Guardians Ad Litem have Master's degrees in social work or a related field, and have professional experience working with children and families. The Travis County Domestic Relations Office has Guardians Ad Litem on staff, and there are professionals in private practice that offer this service.

Q: Is a Guardian Ad Litem appointed automatically?

A Guardian Ad Litem from the Family Court Services division is appointed automatically in two types of cases: Termination of parental rights and adoptions which have no licensed adoption agency involvement. In other cases, such as contested custody cases, the judge may appoint a Guardian Ad Litem, or either party may request an appointment.

Q: What is the difference between a Guardian Ad Litem and an Attorney Ad Litem?

A Guardian Ad Litem in Travis County is not an attorney. The Guardian Ad Litem focuses on the child's best interests in making recommendations to the court, even if that is not what the child says he or she wants. The Guardian Ad Litem may complete written reports for the court and testify in court.

An Attorney Ad Litem is appointed by the court to represent the child's best interests and wishes. However, if the child's best interests are different from the child's wishes, the Attorney Ad Litem will represent the child's wishes. A Guardian Ad Litem may ask the court to appoint an Attorney Ad Litem to a case under special circumstances.

Q: I thought that as a parent, I am the legal guardian of my child. Will the Guardian Ad Litem's appointment change this?

The definition of Guardian Ad Litem is a 'guardian at law' appointed by the court to look out for the best interests of the child during the course of legal proceedings. The Guardian Ad Litem for a minor child is a special appointment by the court for the purpose of protecting the child's best interests within this litigation. The Guardian Ad Litem is not responsible for meeting the daily needs of the child. Your rights and responsibilities as a parent can only be changed by a court order.

OP, Each county (& ea court) may handle GALs and AALs slightly differently.

 

[quincy]

One additional difference that you may want to consider is that with an Attorney Ad Litem there comes "privilege" and the right of the client to refuse to disclose, and to prevent others from disclosing, confidential communications. So what is said between the attorney and your child may not be disclosed. This same privilege may not be granted a GAL who is not also an attorney.

Whether this matters much in a situation involving a young child, however, is a question best answered by Ohiogal.

 

[hermom1127]

If my understanding is correct about your use of the phrase, an AAL is a GAL who is an attorney. Confirm that with your attorney. You would want an attorney representing your children's best interests and not just their wishes.

Yes, i'm referring to AAL as Attorney Ad Litem, but here's what's in the Texas Family Code.


(2) "Attorney ad litem" means an attorney who provides legal services to a person, including a child, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation.

(5) "Guardian ad litem" means a person appointed to represent the best interests of a child. The term includes:

(A) a volunteer advocate appointed under Subchapter C;

(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 appointed to serve in the dual role.

I guess i'm just a little confused because a GAL can be an ad litem to serve in the dual role.

LdiJ, I visit with my attorney on Thursday and will ask why she recommends an Ad Litem versus GAL, but it seems to me a GAL would be more impartial versus an Ad Litem servicing the childs wishes, but I will definitely ask questions.

I just want our daughters "needs" versus "wants" served and I feel my attorney is watching out for my needs/wants which is her job, but I want our daughters needs/wants served above all.

Thanks so much for your input. All of you have been very helpful and I have a list of questions written down to ask my attorney now.

OG - you're not as evil as some on this board would think, but you already know that. Thanks and keep being a voice of reason on here.