Indianapolis Guardian ad Litem Services

A guardian ad litem is a person appointed by the court to represent the best interests of a child during a legal proceeding. The GAL's responsibility is not to advocate for either parent or simply repeat the child's wishes, but to independently evaluate the circumstances and assist the court in determining what arrangement serves the child's best interests.

The specific responsibilities of the guardian ad litem depend upon the court's appointment order and the issues presented in the case.

A court may appoint a guardian ad litem when additional information would assist in resolving issues affecting a child. GAL appointments are particularly useful when the parents strongly disagree about the child's needs or when the court needs an independent assessment of the family's circumstances.

A guardian ad litem may be appointed in matters involving child custody, parenting time, relocation, allegations concerning a child's safety or well-being, guardianship, and other family law disputes.

The investigation depends upon the issues identified by the court. A guardian ad litem may interview the parents, the child when appropriate, family members, teachers, counselors, medical providers, or other individuals with relevant information.

The GAL may also review court records, school records, medical or mental-health information when authorized, communications between the parents, and other documents relevant to the child's circumstances. The scope of the investigation is determined by the needs of the case and the court's appointment order.

Depending upon the child's age, maturity, and the circumstances of the case, the guardian ad litem may meet with the child as part of the investigation. The purpose of the meeting is to better understand the child's experiences, relationships, concerns, and needs.

A child's wishes may be relevant, but the GAL's recommendation is based upon the child's overall best interests rather than solely on the child's stated preference.

A guardian ad litem may meet separately with each parent and may visit the homes in which the child spends time. These meetings allow the GAL to better understand the child's living arrangements, family relationships, routines, and the concerns raised by each parent.

Parents should be prepared to discuss both their own concerns and the child's needs openly and provide requested information in a timely manner.

After completing the investigation, the guardian ad litem may provide the court with a written report, testimony, recommendations, or a combination of these depending upon the appointment and the court's procedures.

Recommendations may address custody, parenting time, decision-making, services for the child or family, and other matters within the scope of the appointment. The GAL's recommendation is an important source of information for the court, but the judge ultimately decides the issues in the case.

A guardian ad litem does not necessarily serve the same role as an attorney appointed to represent a child's expressed wishes. The GAL's primary responsibility is to advocate for the child's best interests, which may sometimes differ from what the child says they want.

The guardian ad litem also does not represent either parent. Parents should continue to obtain their own legal advice from their individual attorneys.

Parents can help the GAL process by responding promptly to requests, providing accurate information, making relevant records available, and keeping the focus on the child's needs. Attempts to involve the child unnecessarily in the parents' conflict can make an already difficult situation more challenging.

The guardian ad litem's role is to conduct an independent evaluation. Cooperation with the investigation helps ensure that the GAL has the information necessary to provide the court with a complete and balanced assessment.

The court's appointment order generally addresses responsibility for guardian ad litem fees. Depending upon the circumstances, the court may allocate the fees between the parties or make another arrangement consistent with applicable law and the facts of the case.

The amount of time required for a GAL investigation varies depending upon the complexity of the issues, the number of individuals involved, the records that must be reviewed, and whether additional investigation or court appearances are required.

Melissa Winkler-York accepts guardian ad litem appointments in Indianapolis and surrounding central Indiana courts. Her family law experience provides a practical foundation for investigating complex custody and parenting issues while maintaining the independence required of a guardian ad litem.

Guardian ad litem appointments frequently involve issues concerning child custody, parenting time and visitation, guardianship, CHINS proceedings, and other Indiana family law matters.