By: Gregory T. Moro, Attorney at Law
In Pennsylvania family court, the appointment of a Guardian Ad Litem (GAL) is crucial in custody and divorce cases to ensure that the best interests of the child are represented. Understanding the duties, qualifications, and significance of a GAL is essential for anyone involved in these legal processes.
Definition and Purpose
A Guardian Ad Litem in Pennsylvania is appointed by the court to represent the best interests of a child during custody or divorce cases. Unlike a traditional guardian, a GAL does not assume physical custody but acts as an independent investigator and advocate within the legal process. The GAL’s primary role is to ensure that the court's decisions reflect what is best for the child's overall well-being, considering all aspects of their life.
Duties of a Guardian Ad Litem
The duties of a GAL in Pennsylvania are comprehensive and are outlined under 42 Pa.C.S. § 6311:
Investigation: The GAL is responsible for conducting a thorough investigation into the child’s circumstances. This involves interviewing the child, parents, teachers, healthcare providers, and other relevant individuals. The GAL also reviews pertinent records, such as school reports, medical records, and previous court documents.
Reporting to the Court: Following the investigation, the GAL must compile a detailed report to present to the court, as required by 42 Pa.C.S. § 6311(b)(3). This report includes factual findings and recommendations concerning custody, visitation, and the child’s overall welfare.
Representation in Court: The GAL actively participates in court proceedings, providing testimony, cross-examining witnesses, and offering input during negotiations or mediations. The GAL’s presence ensures that the child’s perspective is consistently represented.
Advocacy for the Child’s Best Interests: Under 42 Pa.C.S. § 6311(b)(7), the GAL advocates for what they determine to be in the child’s best interests, even if this conflicts with the wishes of the child or parents.
Monitoring Compliance: In some cases, the GAL may be tasked with monitoring compliance with court orders related to custody and visitation, ensuring ongoing adherence to the court's decisions.
Qualifications of a Guardian Ad Litem
Regarding qualifications, Pennsylvania law under Kayden's Law includes specific provisions aimed at ensuring that GALs are adequately prepared to handle cases involving children who have experienced trauma. According to the law, a court appointing a GAL must make reasonable efforts to appoint someone who has received evidence-based education and training related to child abuse, including child sexual abuse, domestic abuse education, and the effects of such abuse on children (23 Pa.C.S. § 6311). This does not constitute a statutory mandate requiring all GALs to have trauma-informed training but emphasizes the importance of appointing a GAL with such education whenever possible.
In addition to this, GALs in Pennsylvania are generally required to be licensed attorneys, typically with experience in family law. Their role often requires them to function not only as legal advocates but also as de facto psychologists, especially in cases involving significant emotional or psychological issues. This dual responsibility underscores the importance of their training and expertise in effectively representing the best interests of the child.
Importance of a Guardian Ad Litem in Pennsylvania
The presence of a GAL in Pennsylvania family court is indispensable for several reasons:
Objective Assessment: The GAL provides an unbiased evaluation of the child’s circumstances, free from the potential biases of the parents or other parties involved.
Protection of Child’s Rights: The GAL ensures that the child’s rights and needs are prioritized, especially in situations where the interests of the parents may conflict with those of the child.
Facilitation of Dispute Resolution: By offering an independent perspective and recommendations, the GAL can help mediate disputes, often leading to more amicable resolutions that are in the child's best interests.
Compliance Monitoring: The GAL’s role in monitoring compliance with court orders helps ensure that the child’s welfare is continually protected, even after the court's decisions have been made.
Conclusion
The role of a Guardian Ad Litem in Pennsylvania family court is multifaceted and essential in custody and divorce cases. GALs are tasked with representing the best interests of the child, a role that requires not only legal expertise but also an understanding of the psychological and emotional needs of children, particularly those who have experienced trauma. While Kayden's Law encourages the appointment of GALs who have received evidence-based education on these issues, it is not an absolute requirement. Nevertheless, the law reflects the importance of this training in providing sensitive and effective advocacy. Through their comprehensive investigations, court representations, and ongoing advocacy, GALs serve as a critical voice for children, safeguarding their welfare throughout the legal process.
For further information or to schedule a consultation, contact Moro & Moro, Attorneys at Law. Our experienced legal team is here to assist you with all your legal needs in Pennsylvania.
NOTHING IN THIS OR ANY OTHER BLOG POST CONSTITUTES LEGAL ADVICE OR FORMS AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE FIRM AND THE READER. INFORMATION ORIGINATING FROM THIS WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.
Comments