When families go through high-conflict custody cases in Oklahoma, the court may appoint a Guardian ad Litem, often called a GAL. This person plays an important role in helping the judge make decisions that are in the best interests of the child. If you’re going through a divorce, custody dispute, or guardianship case, it’s helpful to understand what a Guardian ad Litem is, what they do, and how they can influence your case.
What Is a Guardian ad Litem?
A Guardian ad Litem (GAL) is a person—usually an attorney—that a court appoints to represent the interests of a child or vulnerable adult during a legal proceeding. The GAL acts as a neutral investigator and advocate whose job is to tell the court what they believe is best for the person they’re assigned to represent.
Unlike the attorneys for each parent, the GAL does not take sides. Instead, they conduct an investigation and make recommendations that focus solely on the well-being of the child or vulnerable person.
When Is a GAL Useful in Oklahoma?
In Oklahoma, a judge may appoint a GAL when:
- Parents are in a high-conflict custody battle
- There are allegations of abuse, neglect, or domestic violence
- The child has special needs or a disability
- There’s concern the child’s wishes or best interests are not being fully represented
GALs are most commonly appointed in family law cases involving custody, visitation, or guardianship.
What Does a Guardian ad Litem Do?
Once appointed, the GAL has several responsibilities, including:
- Interviewing the child (if age appropriate)
- Speaking with both parents, family members, and caregivers
- Reviewing records such as school, medical, and mental health files
- Talking with teachers, doctors, counselors, and other professionals
- Visiting the child’s home to observe their living conditions
- Attending court hearings and making formal recommendations
The GAL will usually prepare a written report summarizing their findings and opinions. This report may include a recommendation for custody, visitation schedules, or specific services such as therapy or parenting classes.
While the judge does not have to follow the GAL’s recommendation, it often carries significant weight in the court’s final decision.
Who Pays for a Guardian ad Litem?
The court may order one or both parties to pay the GAL’s fees, or the county may cover the cost in certain cases. If you cannot afford to pay, let your attorney and the court know. In some situations, the cost may be reduced or shifted to the other party.
Can You Challenge a GAL’s Report?
Yes, both parties have the right to challenge or question a GAL’s findings. Your attorney can:
- Cross-examine the GAL in court
- Present evidence that contradicts the report
- Call witnesses to support your position
While challenging a GAL report is possible, judges often give weight to their recommendations, especially if they are based on a thorough investigation. Having a strong legal strategy is important.
Oklahoma Family Law Attorneys
We understand how overwhelming it can be when a GAL is part of your case. Our team here at Wagoner County Attorneys can look at your situation and help you decide your best course of action. If you need help, reach out to us at 918-283-7394 or ask a question online.
