Do I need a Friend of Court or Guardian Ad Litem on my case?

So first things first, do you have kids involved in your case? If not, scroll on!

Next, are you fighting over issues related to you kids? If you are agreeing on everything, keep scrolling!

Now we have determined that you have kids and cannot agree on parenting issues with your ex. We need to determine if you’d like a Friend of Court (FOC) or Guardian Ad Litem (GAL). The first thing to keep in mind is that FOCs and GALs are attorneys who bill at hourly rates. In most cases the Court divides the fees between the parents, but it will still be an additional expense you have to incur. If you cannot afford one, speak up!

FOCs are attorneys appointed by the Court to investigate. They meet with all involved including the parents and children. They also might elect to meet with any therapists involved, the children’s teachers, caretakers, and other family members. After they have investigated, they make recommendations to the Court about what is in the best interest of the child. You (or your attorney) will then have the chance to agree or object to these recommendations.

GALs are attorneys appointed by the Court to represent your child[ren]. They act as your child’s attorney and become an advocate for your child. They file motions and make arguments on behalf of your children just as your attorney does for you. However, they do not file whatever they child wants. They must advocate for the child’s wants and needs while also balancing what is in the child’s best interest. If they did whatever the child wanted, I’m sure we would see lots of motions about extending bed time and not having to eat vegetables!

FOC/GAL can be very beneficial to high conflict cases. They attend hearings and mediation to help resolve all issues relating to the children.

If you think you might need an FOC or GAL to advocate for your children, make sure to speak to your attorney about it. They can guide you through the process and make recommendations for FOC/GALs that might be a good fit for you case and children.