Puja Sachdev | November 6, 2024 | Child Custody
When parents are involved in a custody battle, a child under 18 can find themselves in a challenging and uncertain situation. With both parents at odds and potentially biased by personal interests or concerns about child support, the child’s well-being may be at risk. In California, family law provides two important roles to ensure the child’s best interests are protected: the Guardian ad Litem (GAL) and the Minor’s Counsel. These legal advocates are appointed specifically to represent the child’s rights and ensure that their voice is heard in custody proceedings. A child custody attorney may help you through this process.
Background: The “Best Interests of the Child” Principle
The “best interests of the child” principle is the fundamental principle applied in every California court (indeed, in every court in the United States). The best interests of the child prevail over the desires or best interests of either parent or both parents together.
Even so, the best interests of the child do not mean “whatever the child wants.” Instead, it means “whatever is best for the child in the long run.” The older the child is, the more weight the court will give to the child’s wishes. When determining the best interests of the child, a family court will consider the child’s:
- Age
- Health
- Expressed preferences (which parent they prefer to live with, for example)
The court will also consider each parent’s ability to provide care, the stability of each parent’s home environment, and other factors.
What is a GAL?
In California family law, a GAL serves as an independent investigator. As a “friend of the court,” they make recommendations to the court based on what they believe to be in the child’s best interests. These recommendations are typically very influential–in other words, courts usually concur with the recommendations of a GAL unless they conflict with the recommendations of the minor’s counsel.
A GAL will:
- Conduct interviews with parents, children, teachers, therapists, etc.; and
- Review the child’s school records, medical records, etc..
A GAL will also perform other acts of a similar nature to the extent necessary to protect the child’s best interests.
The Minor’s Counsel
The minor’s counsel acts as the child’s lawyer by protecting the child’s legal interests. It is important to realize that the minor’s counsel represents neither the mother nor the father—only the child. This might bring the minor’s counsel into conflict with attorneys for both the mother and the father.
The assistance of a minor’s counsel can be particularly important in:
- Cases involving abuse or neglect
- High-conflict custody disputes, especially where the child’s wishes differ significantly from one or both parents
- Cases where the child has special needs or requires special accommodations
One important difference with the GAL is that the minor’s counsel represents the child’s wishes, not necessarily the child’s best interests.
Is a GAL or a Minor’s Counsel Mandatory?
A Guardian ad Litem (GAL) or Minor’s Counsel is not always required in California custody cases. For instance, a court may choose not to appoint a GAL if the parents are cooperative and the case is relatively straightforward. Similarly, a Minor’s Counsel may not be appointed unless the dispute between the parents is particularly contentious.
However, it is uncommon for a court to avoid appointing either a GAL or Minor’s Counsel entirely. In most cases, the court will appoint one or both to ensure the child’s interests are represented. In some instances, a single individual may fulfill both roles. On rare occasions, in particularly amicable custody cases, the court may choose not to appoint either a GAL or Minor’s Counsel.
How to Request the Appointment of a GAL or Minor’s Counsel
Either the parent or the child can ask the court to appoint a GAL or minor’s counsel. The court can also appoint a GAL or minor’s counsel on its own initiative. Ultimately, it is up to the court to decide whether to appoint a GAL or minor’s counsel.
Get in Touch With a San Diego Family Lawyer at Your Earliest Convenience
If you’re involved in a custody battle in family court, it’s essential to have your own dedicated family lawyer. A single attorney cannot represent both parents due to the inherent conflict of interest. To ensure your rights and interests are properly protected, schedule a consultation with an experienced San Diego family lawyer with San Diego Divorce Lawyers, APC, as soon as possible.
Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
