When families face legal disputes in Pittsburgh or throughout Southwestern Pennsylvania, the court’s primary focus is always the child. But in high-conflict custody battles, it can be difficult for a judge to determine what is truly happening behind closed doors.
Enter the Guardian ad Litem (GAL).
If a GAL has been appointed in your case, you likely have questions. Who are they? Whose side are they on? At Raver Rawlings Law Group PLLC, we believe knowledge is your best strategy. Here is a breakdown of the Guardian ad Litem’s role, backed by Pennsylvania law.
What is a Guardian ad Litem?
In Pennsylvania, a Guardian ad Litem is not just a social worker or a volunteer; under 23 Pa.C.S. § 5334, a GAL must be a licensed attorney at law.
Their job is distinct from your attorney. While you advocate for your rights as a parent, the GAL is appointed by the court to represent the legal interests and best interests of the child. Think of them as the “eyes and ears” of the court, tasked with an independent investigation to determine what arrangement will best serve your child’s long-term well-being.
Statutory Powers: What Can a GAL Do?
Under Pennsylvania statute 23 Pa.C.S. § 5334(b), a Guardian ad Litem is granted significant power to investigate your family’s life. They are authorized to:
- Access Privileged Records: They can review your child’s medical, psychological, and school records.
- Interview Everyone: They may interview parents, caretakers, teachers, and medical professionals.
- Participate in Court: They can file motions, call witnesses, and cross-examine you or other witnesses during hearings.
- Submit a Report: They must provide a written report to the court containing specific recommendations for custody and services.
Correction on “Testimony”: It is a common misconception that the GAL “testifies” as a witness. In reality, the statute generally prohibits the GAL from testifying. Instead, they present legal arguments and evidence derived from their investigation.
The “Best Interests” vs. “The Child’s Wishes”
One of the most confusing aspects for parents—and children—is the difference between what a child wants and what a GAL recommends.
Pennsylvania law is clear: The GAL must advise the court of the child’s wishes (if the child is old enough), but they are not bound by them.
According to Section 5334(b)(8), if a GAL believes the child’s preference would actually be harmful or isn’t in their best interest, the GAL can recommend the opposite. The statute explicitly states that this difference “shall not be considered a conflict of interest”.
Why Was a GAL Appointed?
Courts typically appoint a GAL in cases involving:
- High-conflict custody disputes.
- Allegations of abuse or neglect (where appointment is often prioritized under Section 5334(c)).
- Concerns regarding a parent’s mental health or substance use.
- Situations where the child’s preference is a major factor.
Tips for Working with a Guardian ad Litem
If a GAL is involved in your case, your interactions with them can significantly impact the outcome.
- Be Cooperative: Answer all inquiries promptly. If they ask for a release to speak to a pediatrician, sign it.
- Focus on the Child: When speaking to the GAL, talk about your child’s needs, not your ex’s flaws.
- Be Honest: GALs are trained to spot manipulation. Admitting to a past mistake and showing how you fixed it is often better than trying to hide it.
- Prepare Your Home: The GAL may conduct a home visit. It doesn’t need to be white-glove perfect, but it must be safe and child-appropriate.
Can You Challenge a GAL’s Report?
Yes. While judges give substantial weight to the GAL’s report because they are neutral parties, their word is not final.
Under the statute, the GAL’s report is part of the record, and parties have the right to file written comments or objections. Your attorney can also cross-examine the witnesses the GAL relied upon to form their opinion.
Expert Guidance in Southwestern PA
The appointment of a Guardian ad Litem changes the dynamic of a custody case. It adds a third attorney to the courtroom—one whose sole focus is your child.
To navigate this complex process, you need a legal team that understands the nuances of 23 Pa.C.S. § 5334. At Raver Rawlings Law Group PLLC, we help parents present their best selves to the GAL and the court.
Contact us today to schedule a consultation.