If you’re involved in a custody case, guardianship proceeding, or a child welfare dispute in Oklahoma, you may hear the term guardian ad litem—or GAL for short. But what exactly is a guardian ad litem, and what role do they play in your case?
What is a Guardian ad Litem?
A guardian ad litem is a court-appointed advocate whose primary job is to represent the best interests of a child (or sometimes an incapacitated adult) in legal proceedings. Unlike an attorney who represents a client’s wishes, the GAL gives the court an objective, third-party assessment of what arrangement will best protect and support the child’s well-being.
In Oklahoma, GALs are often appointed in family law cases such as:
- Child custody disputes
- Guardianship cases
- Cases involving child abuse or neglect
- Contested adoptions or termination of parental rights
The authority to appoint a GAL is under Oklahoma Statutes Title 43 § 107.3 in family law matters.
What Does a GAL Actually Do?
Once appointed, the GAL conducts a thorough investigation to gain a deeper understanding of the child’s life, relationships, needs, and safety concerns. This includes:
- Interviewing the child (if age appropriate)
- Speaking with both parents and other caregivers
- Visiting homes and evaluating living conditions
- Talking with teachers, counselors, doctors, or others involved in the child’s care
- Reviewing court documents, medical records, and school reports
After the investigation, the GAL submits a written report to the court with findings and a recommendation. This report can carry significant weight in the judge’s final decision.
Is a Guardian ad Litem the Same as a Custody Evaluator?
While both provide recommendations about what custody arrangement serves the child’s best interests, a custody evaluator is typically a mental health professional who conducts psychological evaluations. A guardian ad litem, on the other hand, may be an attorney or a trained advocate who focuses more on gathering facts and speaking for the child’s welfare in court.
Does the GAL Speak in Court?
A GAL can appear at hearings, cross-examine witnesses, and present evidence just like any attorney. However, they do not “represent” the child in the traditional legal sense. Their only job is to provide insight into what arrangement best supports the child’s physical, emotional, and psychological needs.
Do Parents Have to Pay for the GAL?
In many Oklahoma counties, both parents may be ordered to share the cost of the GAL. However, if one or both parties cannot afford it, the court may adjust or waive the fees. It’s important to raise financial concerns with your attorney early in the case.
Why GALs Matter in Oklahoma Cases
Judges don’t live with the families they rule on. The GAL provides the court with a closer look into the child’s everyday life, which helps the judge make decisions that promote long-term safety, stability, and development. If you’re a parent in a contested custody case, how you interact with the GAL may have a direct impact on your case outcome.
Tulsa Family Law Attorneys
If you’re involved in a custody or guardianship case in Oklahoma and a guardian ad litem has been appointed—or you believe one should be—it’s critical to understand how they affect your case. Tulsa County Lawyers Group can help. Get a free consultation from a child custody attorney by calling 918.379.4864, or you can ask an online question by following this link.
