Guardian ad Litem v.

Traditional Lawyer Roles

Just as adults have legal representation during any form of litigation, child victims need
representation as well. Most often, children are represented by guardians ad litem. A guardian ad
litem represents children and other incompetent persons in any form of litigation where the child
or incompetent person has an interest, such as divorce and custody, criminal abuse and/or
neglect, or adoption. They are the childs guardian: To decide what is in the best interest of the
childs safety and mental, physical, and emotional well-being. Technically, they are a lawyer
because GALs in the state of Virginia must be members of the bar and be in good standing. Some
guardians ad litem will use a questionnaire to get background information. A GAL will interview
the child and their parents, and sometimes other parties that have a close relationship with the
child that they represent. There are many cases, though, where a guardian ad litem does not
conduct a face to face interview in preparation for trial or might do so at the eleventh hour.
Some, but not all, GALs will conduct a home-visit to better assess the situation, the childs
living, or possible living environment, the parent(s), and the family as a whole. The guardian ad
litem will then come to a conclusion and present that to the court as their recommendation.
According to The Role of the Guardian ad Litem in Custody Cases, most states and judges do not
require that this recommendation be documented or presented in the form of a written report.
Written reports are usually only done if the judge has specifically requested one, and of those
judges, some read the report before judicial proceedings begin, and others read it afterwards
before giving judgment. The time that a judge chooses to read a report can make a difference and
change the balance of the court proceedings. There have been instances in which a judge has read
a written report first and then changed the burden of proof; One party should convince the judge
not to follow the guardian ad litems recommendation. In order to combat this bias, it has been

suggested that written reports be presented and read in two parts; the judge will read for the court
the general background before and the recommendation and witness portion of the report will be
sealed and viewed after all parties have presented their cases.
While guardians ad litem are the most common child representatives, The Child-Victims
Rights Bulletin suggested the use of the traditional lawyer. A traditional lawyer representing a
child would still be required to be competent, as well held to the other standards that lawyers
representing adults are held to. Such standards include maintaining confidentiality, keeping the
child informed, and respecting the childs wishes. The last duty is key to what separates a
traditional lawyer representing a child from a guardian ad litem. While both are the childs
advocate, the traditional lawyer represents the child while the GAL is the childs guardian; the
traditional lawyer fights for what the child wants, and the guardian ad litem fights for what is in
the best interest of the child.