Court-Approved Guardian Ad Litem
Camy B. Schwam-Wilcox
Senior Attorney, CEO & Founder · Court-Approved Guardian Ad Litem · DCF – Approved for Child Sexual Abuse Cases
Camy has served as a court-approved Guardian Ad Litem for over a decade, advocating for children’s best interests in dependency, custody, and termination cases throughout Central Florida. She is also approved by the Florida Department of Children and Families to handle cases involving child victims of sexual abuse.
What Is the Role of a Guardian Ad Litem?
A GAL is the eyes and ears of the court. They are sometimes called the “super parent” of the child. Their job is distinct from everyone else in the courtroom because the GAL is the only party required to advocate solely for the child’s best interests.
That distinction matters. The child’s best interest is not always the same as what the child says they want (when the child needs someone to advocate for what they want, the court may also appoint an Attorney Ad Litem, more on that below.)
What the Court Asks the GAL to Investigate
The court spells out exactly what the GAL should look for during their investigation, it is enumerated in the Order Appointing the GAL, common areas include:
- Time-sharing (where the child lives and visits)
- Parental responsibility (decision making)
- Abuse, neglect, or abandonment allegations (in domestic and dependency actions)
- Parental alienation (resist and refuse)
- Other custody or welfare issues specific to the case
What Powers Does a GAL Have?
A GAL can inspect and copy records related to the child or the child’s parents. GAL’s may speak with witnesses without the need of a release executed, the GAL may visit the children at school. The GAL will use information obtained and verified to write the Report and Recommendation that they file with the court.
The court is never bound by a GAL’s report. Judges treat it as guidance and weigh it case by case alongside the evidence submitted to the court. The more thorough a job the GAL does, the more likely the Court will follow the recommendations.
What Does a Guardian Ad Litem Look For?
This is the question parents ask most often, and the honest answer is that it depends on what the court tells the GAL to investigate. That said, most GAL investigations cover the same general ground.
- Where the child sleeps, eats, and goes to school
- The condition of each home where the child spends time
- The child’s emotional state, behavior, and routines
- The child’s stated wishes (these are noted but do not control the recommendation)
The GAL will review the factors in the statute to determine which factor is in favor of which parent.
- How each parent communicates with and disciplines the child
- Each parent’s stability: work, housing, mental health, substance use issues
- How the parents communicate with each other (or do not)
- Any history of abuse, neglect, domestic violence, or alienation
The GAL often interviews neighbors, teachers, daycare staff, doctors, therapists, and extended family. They are not just collecting opinions. They are looking for patterns. Multiple people providing similar information carries weight. Conflicts between information will get flagged for the court to weigh when making a ruling after hearing all of the evidence, not only from the GAL (who will testify) but from the parties and other witnesses.
What Types of Cases Involve a Guardian Ad Litem?
A GAL can be appointed in any case affecting a child’s welfare. Common case types include:
- Divorce and child custody disputes
- Paternity cases
- Dependency cases (when a child is alleged to have been abused, abandoned, or neglected)
- Termination of Parental Rights matters
- Cases where the child is a victim in a criminal or personal injury matter
- Guardianship cases
When Is a GAL Required vs. Optional?
A GAL is required by Florida law in:
- Termination of Parental Rights (TPR) cases
- Cases involving allegations of child sexual abuse
- Personal Injury cases when there is an award of funds for the child
A GAL is appointed in most dependency cases when the court finds it serves the child’s best interest.
In dissolution-of-marriage cases, a GAL is usually not required unless there is a companion dependency case running alongside the divorce. Parents typically will file a Motion to request a GAL be appointed when the parents cannot agree on a Parenting Plan.
Who Decides That a GAL Is Needed?
The court appoints the GAL. Parents and lawyers do not. Allegations of child abuse, abandonment, or neglect (as defined in Florida Statute 39.01) must be verified and found to be well-founded before the court will appoint a GAL. In domestic cases, the court may appoint a GAL for a limited purpose or to do a full investigation, this can be by Motion of the parties or by the Judge themselves, who may be seeking specific information that they feel they are not receiving from the parents.
Can One GAL Serve Across Related Cases?
Yes. When criminal proceedings or domestic-relations proceedings are connected to a dependency matter, the court can use a dual appointment so one GAL covers both. The reasoning is practical. The goal (the child’s best interest) is the same in every related case. This may become financially complex because some GAL matters will require payment for a GAL and others appoint the GAL who will work pro bono (for free.)
How Is a Guardian Ad Litem Appointed?
A GAL’s authority does not begin when the court mentions the role. It begins only after the judge issues an order, either orally on the record or in a written Order Appointing Guardian ad Litem. Until that happens, no one can act or advocate for the child as a GAL.
The court appoints a GAL at the earliest possible point in the case. That gives the GAL time to investigate and report before major decisions are made about placement, custody, or parental rights. A report in a domestic case must be filed 30 days before trial; however, some matters require preliminary and/or interim reports. In a dependency matter, the GAL report is due in 90 days from appointment. You do not have to be an attorney to be a GAL, you will just receive training to become a GAL; however, in Orange County Dependency Court, you are required to be an attorney to serve as a GAL.
How Long Does a Guardian Ad Litem Serve in a Case?
Some appointments last a few months. Some last years. It depends entirely on the facts of the case. In Dependency cases, if the case lasts longer than the appointment (2 years) the GAL will have to be re-appointed in order to be able to continue to serve as the GAL.
The GAL’s authority lasts only as long as the court has jurisdiction over the case. If the court loses jurisdiction, the GAL’s appointment ends with it.
When Does a GAL Step Down?
Once the court’s continuing review of the case ends, the GAL is typically discharged in the Final Order effective 30 days after the entry (this is to cover any appeal issue.) A GAL also seeks discharge when:
- The GAL does not have the resources to handle the appointment
- The GAL has a conflict of interest that has not been waived
- The child has turned 18 (unless the court has extended jurisdiction)
- The Department of Children and Families has been authorized by the court to end its supervision of the child and family
- The GAL is not getting paid, and payment is part of the court order.
From the date of appointment until the date of discharge, the GAL is a party to every judicial proceeding in the case: hearings, mediation, depositions, case management, and trials.
How Does a Guardian Ad Litem Interact With the People in Your Case?
Every GAL has their own approach. Most prefer to meet the child in person at least once, but the format depends on the family, the facts, and how far apart the parties live. Our attorneys generally meet witnesses either in person or over Zoom, depending on what works for the family and the case. Our attorneys will also typically meet with the child every 6 weeks (depending on the child’s needs, age, and involvement with other professionals.)
Confidentiality Rules
A GAL does not disclose communication obtained from witnesses in the case with anyone who is not a party. The only exceptions are reports to the court itself and any disclosures specifically required by law or court order.
What a GAL Is Required to Do
Whatever the case type, the GAL’s purpose is the same. They represent the child’s best interests. Florida requires every GAL to:
- Maintain high standards of conduct in carrying out their duties
- Be guided solely by the best interests of the child
- Report honestly and impartially to the court
- Respect the privacy of the child and the family
- Hold confidential all information obtained during service as a GAL, as required by law
- Report any new incident of child abuse or neglect they learn about during the case
How Is a Guardian Ad Litem Different From an Attorney Ad Litem?
The Attorney Ad Litem and Guardian Ad Litem are very different, and can become confusing. Both are appointed by the court. Both are involved on the child’s side. They do different jobs.
GAL vs. Attorney Ad Litem at a Glance
Guardian Ad Litem (GAL)
Who they represent?
The child’s best interests and they are a party to the case
Will they say something the child doesn’t want to hear?
Yes, when the child’s best interest requires it
When are they typically appointed?
Most dependency cases, all TPR cases, all child sexual abuse cases
What they file?
A Report and Recommendation
Attorney Ad Litem (AAL)
Who they represent?
What the child wants (the child’s stated position) and they are not a party to the case
Will they say something the child doesn’t want to hear?
No. They advocate the child’s stated position.
When are they typically appointed?
Sexual abuse cases and some dependency cases
What they file?
Pleadings and motions on the child’s behalf, same as the attorney for the parents
A Real-World Example
A child was seriously hurt in their parent’s home but still wants to go back. An Attorney Ad Litem would advocate for what the child wants, which is going home. The GAL would file a Report and Recommendation explaining why returning to that home is not in the child’s best interest, even if it means recommending that parental rights be terminated. The child may be upset by the GAL’s position.
What About a Dependency Attorney?
A dependency attorney is yet another role. They represent a parent, a legal guardian, or another adult who wants to intervene in the case. They never represent the child directly. If you are facing a dependency case, the dependency attorney is who would represent you. Our firm represents clients in this capacity as well as a GAL or an AAL.
Who Pays for a Guardian Ad Litem in Florida?
It depends on the type of case and how the GAL was appointed. In Dependency matters, it is usually pro bono, in domestic cases the parents will typically split the expense; however, it depends on their incomes and ability to absorb the expense.
In most dependency cases, GALs serve through the Florida Guardian ad Litem Program at no cost to the family. The same is often true in family-court cases when the GAL takes the case pro bono (free of charge). If your GAL is appointed through one of these channels, you will not be billed.
In some divorce, paternity, and time-sharing cases, the parties hire a GAL privately. When that happens, the court decides who pays and how the cost is split between the parties. The fee can include the GAL’s hourly rate plus reasonable expenses, like travel and lodging if the GAL has to drive to interviews or home visits in another county. Sometimes the GAL needs to travel out of state, or even hire an attorney to represent them in the proceedings.
When a judge appoints a private GAL, the judge sets the fee and orders each parent to pay a specific portion. Parents do not get to opt out of paying their share.
When You Might Want a Private GAL
A private appointment may be the right fit if you want more direct involvement with the GAL, like faster response times, more frequent updates, or a GAL with specific case experience. If that is the conversation you are starting, our Guardian Ad Litem Attorney practice page covers the firm’s GAL services and how to retain her privately.
What if You Have a Problem With the Guardian Ad Litem?
A GAL who is biased, unresponsive, or has a conflict of interest is a problem you do not have to live with. Florida law gives parties options. However, just because you do not like their findings, that does not mean they are biased, it just means that the GAL was hired to investigate and after the investigation the facts and evidence caused the GAL to make certain findings and those findings lead to recommendations, and one parent will usually like it and the other will not, but that does not make the GAL biased, that means the GAL has done the job that you hired them to do for the child.
Conflicts of Interest the GAL Must Avoid
A GAL cannot ethically continue in a case that involves any of the following:
- Representing both a minor parent and that minor’s child(ren) at the same time
- Representing a child where the GAL previously represented the child’s parent, and the prior information could now be used against that parent
- Any circumstance that would compromise the GAL’s ability to advocate independently for the child’s best interest
Motion to Disqualify a Guardian Ad Litem
If you believe the GAL on your case is biased, has a conflict of interest, or has not performed the duties required of them, you can file a Motion to Disqualify. This is a formal request asking the court to remove the GAL from the case.
Motion to Appoint a Different GAL
If the court has discharged the original GAL and your case still requires one, the parties can file a Motion to Appoint a Replacement. The new GAL starts fresh and is bound by the same best-interest standard as the original.
You will need specific facts to support the motion, not just a feeling that the GAL has been unfair. This is not a step to take alone. If you are considering filing a Motion, speak with an experienced family-law or dependency attorney first.
Counties We Serve
Schwam-Wilcox & Associates handles Guardian Ad Litem matters in Orange, Osceola, Seminole, and Brevard counties, plus surrounding Lake, Polk, and Volusia counties and all over the state of Florida.
Primary Counties
Orange
Primary
Osceola
Primary
Seminole
Primary
Brevard
Primary
Surrounding Counties
Lake
Surrounding
Polk
Surrounding
Volusia
Surrounding
Each county handles its family-court and dependency dockets a little differently. Local courthouse familiarity matters in this work, particularly when you are working with a Guardian Ad Litem who needs to coordinate with court staff, judges, and DCF case workers.
Our main office is in Altamonte Springs. We also see clients by appointment in The Villages.
Looking Out for Your Child's Best Interest?
When a Guardian Ad Litem is appointed in your case, the most useful things you can do are simple: understand their role, they cannot file Motions in domestic court and they cannot make decisions, they are not the judge and they have no authority, they only make recommendations. Cooperate with the investigation, ask questions when something doesn’t feel right. The GAL’s job is to give the court an honest picture of what is happening in the child’s life, and they need accurate information to be efficient and effective when sharing information with the Judge, and the parents.
If you are considering hiring a private Guardian Ad Litem, or if you need a family-law or dependency attorney to defend your role as a parent, grandparent or guardian, we can help.
Looking to Retain a Private Guardian Ad Litem?
Our practice page covers the firm’s GAL services in Altamonte Springs and Central Florida.