Are you a divorced or separated parent of young kids or teenagers in North Carolina? If so, you may be in the process of working out child custody. Going through a custody and visitation case can be stressful and challenging. It is especially true if there have been allegations of domestic violence, child neglect, substance abuse, or any other matter against one (or both) of the parents.
These are sensitive cases. A guardian ad litem (GAL) may be appointed. You may be wondering:
What is the purpose of guardian ad litem? The short answer is a GAL is a professional appointed to investigate the case, assess parental fitness, and make recommendations. Here, our Charlotte custody lawyer provides an overview of the role of a guardian ad litem in North Carolina.
Background: North Carolina & the Best Interest of the Child State for Custody/Visitation
In North Carolina, child custody decisions are centered on the “best interests of the child” standard (N.C. Gen. Stat. § 50-13.2). The principle means that courts prioritize the child’s well-being above all else when determining custody arrangements. Judges consider various factors, such as:
- Each parent’s ability to provide a stable home;
- The child’s relationship with each parent;
- The physical and emotional needs of the child;
- Any history of parental abuse or parental neglect.
A wide range of other case-specific factors may also matter. For example, a North Carolina court may also take into account the child’s wishes if they are of sufficient age and maturity. Parents going through a custody case must know that the court’s primary concern is not the convenience or preferences of either parent but what will most benefit the child.
Guardian Ad Litem: Defined
The North Carolina Judicial Branch explains that a guardian ad litem (GAL) helps to “protect and promote the best interests of juveniles in abuse and neglect court proceedings.” They can play a very important role in high-conflict custody and visitation cases.
The core responsibility of the guardian ad litem is to advocate for the child’s best interests. Appointed by the court, the GAL investigates the family situation. Through interviews and observations, they can (eventually) present their findings to the court. Notably, the guardian ad litem’s recommendations help judges make informed decisions about child custody.
Takeaway: The role of the guardian ad litem is to represent the child’s voice in a custody case. They are effectively an independent professional who is on the child’s “side.” Not the side of either parent
When is a Guardian Ad Litem Appointed in North Carolina?
A guardian ad litem is not appointed in every child custody case in North Carolina. A GAL will not necessarily be appointed in all high-conflict custody disputes. In North Carolina, a guardian ad litem will generally only be assigned to a case if a court determines that there is a need for an independent assessment of the best interests of the child. While a GAL can technically be appointed in other scenarios, they are typically reserved for cases in which:
- There are allegations of domestic violence;
- There are allegations of child abuse;
- There are allegations of parental neglect;
- The parents are in a very high conflict cases;
- The child has special needs or special circumstances that require careful evaluation.
Who Serves as a Guardian Ad Litem in North Carolina?
In North Carolina, a guardian ad litem is either a trained volunteer or a family attorney appointed by the court. To be qualified to serve as a GAL, a person must undergo specific training to understand the legal and child welfare systems. This training enables the GAL to advocate effectively for the child’s best interests in custody disputes.
Can a Parent Request a Guardian Ad Litem?
Yes. While the court often appoints a GAL without a direct request from either party to the custody case, a parent has the right to request the appointment of a GAL. They can do so through a motion filed by their North Carolina family law attorney.
A GAL Provides Information and Makes Recommendations—Not the Final Decision
In a North Carolina child custody case, a guardian ad litem gathers extensive information through interviews, observations, and reviewing relevant documents to fully understand the child’s situation. The GAL then compiles this data into a comprehensive report and makes recommendations to the court about the child’s best interests regarding custody and visitation.
Parents should recognize that the GAL does not make the final decision. The judge considers the GAL’s recommendations but still retains ultimate authority to make the final custody determinations based on all evidence presented. Still, courts take the recommendation of a GAL very seriously. Whatever they report will have a big impact on a custody case.
We Can Help You Navigate Cases Involving a Guardian Ad Litem
Going through any type of child custody and/or child visitation case is challenging—especially so if a guardian ad litem has been appointed by a court. As a parent, you must know how to effectively protect your rights and your interests. The right legal advocate can make the difference. Jennifer Dixon is a family lawyer who provides proactive, compassionate, and personalized guidance and support to partners. Attorney Dixon has the experience you can rely on when it matters most.
Schedule a Confidential Consultation With a Charlotte, NC Child Custody Attorney Today
At Remington & Dixon, PLLC, our Charlotte child custody lawyer takes on complex cases. It is our mission to protect the rights of clients.
If you have any specific questions about the role of a guardian ad litem in a custody case, we can help. Give us a phone call now or contact us online for your completely private, no-obligation initial consultation. With a law office in Charlotte, we handle family law matters in Mecklenburg County, Cabarrus County, and Union County.
