Court-appointed GALs in child custody cases: Are they constitutional?

Abstract

Family law courts often appoint attorneys or others to act on behalf of the court or to work on behalf of a child’s best interest. What these individuals are called varies from state to state. For easy reference, when the appointment refers to someone appointed to work on behalf of the court, we will refer to them as a Guardian Ad Litem (GAL). Most attorneys who practice family law have, at some point, been in a case where a GAL was appointed. This article posits that, where the appointment of a GAL is on behalf of the court, rather than to represent what the child wants as a party to the action, the appointment creates a circumstance that may be unconstitutional and a violation of an individual party’s rights.