A guardian ad litem is a lawyer who is appointed by the court to help people who may not otherwise be speak for themselves in court.  They are most commonly appointed to investigate child custody and visitation matters and make a recommendation as to what the GAL believes is in the best interest of the children.  Being independent does not mean the GAL will remain completely neutral.  The GAL may decide one parent's wishes are the best option available or may fight for a result that does not perfectly align with what either parent wants.  If you have a GAL assigned to your custody or visitation case, you should not assume anything about what is going to happen.  You should have a lawyer working to help you get the outcome you are hoping for.  Click here to schedule a free consultation with Jen Raimo.  

Guardians ad litem are also commonly appointed to represent children and teens who are either asking for a Protective Order (commonly called a restraining Order) or the defendant in these matters.  They also make recommendations for children and teens who run away from home, who don't go to school, who are alleged to be in need of mental health services, who are accused of committing a crime, and who the Department of Social Services or Child Protective Services is claiming have been abused by their parents or other household member.

In some cases, your child may have two lawyers appointed by the court.  One is a defense attorney and the other is a guardian ad litem.  That can be very confusing to both the youth and the parents.  Believe it or not, the two lawyers do have different jobs.  The defense attorney's job is to fight for what your child wants even if the goal is a bad idea.  The GAL's job is to fight for what is in your child's best interest even if that is not what you or your child wants.  For example, if your child wants to do something with the goal of self-harm, the defense attorney's job could be to try to convince a judge not to require mental health treatment or to give the child what the child wants.  The GAL's job is to convince the judge that the youth needs professional help even if that means a more intensive level of treatment than he or she would be willing to consider.  

GALs can also be appointed for adults under limited circumstances.  First, they are appointed to represent members of the military whose service will prevent them from appearing in court.  The law does not want people to be penalized because their service to our country prevents them from coming to Prince William County for court hearings.  In this situation the guardian ad litem's work is best described as a defense attorney.

Second, people who are serving jail or prison time for a felony are entitled to have a guardian ad litem represent them in a civil case.  People who are in jail awaiting trial or serving a sentence for a misdemeanor could also have a guardian ad litem appointed, but it is optional for the judge.  The law recognizes these people are not able to spend endless hours in a law library trying to figure out how to represent themselves and they're certainly not free to leave their present home to go to court.  So, in these cases, the guardian ad litem's work is also best described as a defense attorney.  Once the person is released from jail or prison, the GAL is automatically relieved of her duties because the person no longer meets the requirements to have one.

The third and final group of adults who are often appointed to represent the interests of people who are so mentally ill or disabled that they cannot be reasonably expected to defend themselves in court.  In this situation, the GAL's work is to seek the result that is in line with what the person needs.