A guardian ad litem is a professional appointed by the Court to represent the interests of a person during litigation.
In the family court, a guardian ad litem (GAL) may be appointed at any time during a divorce or contested case concerning custody and visitation. A GAL need not be an attorney but often is. Depending on the preference of the judge, a GAL may be appointed early in the court process or the appointment may not come until the parents have exhausted the possibilities of resolving the matter with the assistance of Family Relations.
The role of the GAL is to advocate the “best interests” of the child. The rationale behind the appointment is to ensure independent representation of the child’s best interests. All too often parents are so embroiled in the conflict that they are unable to put aside hostilities with the other parent. This, in turn, impedes their ability to reach a Parenting Plan that is best for their child.
An order for the payment the services of the GAL is usually made at the time of the GAL appointment. If the parents are indigent, (this is more than simply being unable or unwilling to pay the GAL fee) the judge may order that the GAL be paid by the State of Connecticut.
An attorney for the minor child (AMC) has a fundamentally different role than a GAL in that the AMC advocates the child’s stated position on matters. In this sense, an AMC has a traditional attorney-client like relationship with the child. Therefore, an AMC is typically appointed for children who are older and have sufficient maturity to make adequately informed decisions.
Effective January 2012, all GAL’s and AMC’s must have completed a comprehensive training program sponsored by the State of Connecticut in order to be appointed by the Court.
On a personal note, I have served as both a GAL and AMC on hundreds of cases in the Family, Juvenile and Probate Courts. The work is often thankless but nonetheless tremendously rewarding. Most of my colleagues echo this sentiment.