Do You Need a Guardian ad Litem in Your Washington State Custody Case?

As a parent, the safety and well-being of your child are essential. When you make decisions, you want to know how these choices will affect your child, seeking to minimize potentially negative consequences or adverse outcomes as much as possible. One of the most disruptive events in a child’s life can be the divorce or legal separation of their parents. It’s common for heated disputes to arise as the parents strive to obtain a custody and visitation schedule that maximizes the amount of time they spend with their child. During these contentious arguments, the parties may lose sight of the child’s best interests. This is where the role of the Guardian ad Litem (GAL) becomes important. A trusted professional who serves as a Guardian ad Litem in Washington state is appointed by the court and tasked with investigating and reporting on the child’s best interests. Although not every Washington custody case needs a Guardian ad Litem, the court may appoint one under specific circumstances, such as in high-conflict custody cases, complex family disputes, or in cases where there are safety concerns about the child. The GAL investigates the details of the situation and makes recommendations to the court that can inform the judge’s decision.

If you are struggling with a child custody dispute in the greater Seattle area, you may wonder about the role of the Guardian ad Litem and the steps that are typically involved in a family court GAL process. Enlisting the guidance of a highly qualified and caring Seattle child custody lawyer is the best way for you to fully understand your options and receive the reliable and accurate information you need to navigate this process with greater clarity. Let’s take a closer look at the role of the Guardian ad Litem in Washington custody cases and how partnering with a trusted and experienced Seattle family law attorney can provide you with the much-needed support and reassurance you need during this difficult time. 

What Does a Guardian ad Litem Do in Washington Custody Cases?

First, it’s worth noting that Washington courts prioritize the best interests of the child in any legal proceeding. Under RCW 26.09.002, “In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.” In other words, the judge will review the terms of the proposed custody agreement (referred to as a parenting plan in Washington state) to determine whether it sufficiently protects the child’s best interests. In some cases, the court may appoint a trained professional (i.e., an attorney, mental health professional, or volunteer) to serve as a Guardian ad Litem. The GAL will investigate any safety concerns raised by the parents (such as allegations of abuse or neglect) or observe children with complex needs to identify specific supports they will need after the divorce is finalized. The GAL then compiles a report that they submit to the court. Judges use these findings to inform their decisions regarding parental custody, visitation time, and other details set forth in the parenting plan. The primary purpose of a Guardian ad Litem is to ensure that the child’s best interests are fully scrutinized and protected as much as possible. 

Who Pays for the Guardian ad Litem in a Seattle Child Custody Case?

In some Washington custody cases, the court decides to appoint a Guardian ad Litem. In other situations, a parent may ask the judge to appoint a GAL, especially if the parent is concerned about the other parent’s ability to provide a safe and nurturing home environment for the child. The GAL will receive compensation for their services, which typically includes an advance fee deposit and an hourly rate. Depending on the specifics of the case, the court may apportion the GAL’s fees evenly between the parties (or adjust the split based on each parent’s proportionate income). In other situations, the court may decide to apportion the majority of the fees (or all of them) to the parent who requests the GAL’s services—especially if the court does not believe that involving a GAL is necessary. In instances where one or both of the parties cannot afford the GAL fee, they may file a motion with the court to qualify for a GAL fee waiver, which, although possible, can be an arduous process filled with additional paperwork. If you have further questions about payment considerations for involving a Guardian ad Litem in a child custody case, reach out to a knowledgeable and caring Seattle child custody attorney to get started. 

How Guardian ad Litem Recommendations Influence Court Decisions in King County

The primary goal of the Guardian ad Litem is to protect the best interests of the child. When the court appoints a Guardian ad Litem, they will investigate the details of the case in order to generate a written report that will then be handed to the judge to assist with their determinations. Washington judges usually rely heavily on the recommendations of the GAL, as they trust that the report has been thoroughly researched and prepared based on the evidence and impressions the GAL compiled. Below are a few of the steps that the GAL may take when performing an investigation and parenting evaluation in Washington state.

Accessing Records

The Guardian ad Litem can investigate both parents, examining past criminal records, court records, and other relevant records that shed light on the family’s dynamic. For instance, if a parent alleges that the other parent has a history of domestic violence, the GAL can review the other parent’s criminal history, looking for domestic violence-related arrests or criminal charges. Or, to demonstrate that you are a responsible parent, you can provide the GAL with documents in support of your parenting skills, such as school attendance records and grades, medical records showing you take your child for regular checkups, or certificates from parenting classes you completed. 

Parent Interviews

The GAL will spend time interviewing each parent in their home environment. The GAL wants to observe how each parent interacts with the child, looking closely to assess whether the child seems comfortable in the presence of the parent. It’s worth noting that the GAL will listen to the responses of each parent as well as how they respond, making note of tone, nonverbal communication, and other indications of the parent’s demeanor and relationship with the child.

Child Interviews

Depending on the age of the child, the GAL will gather information from the child using various tactics. These trained professionals know how to use age-appropriate interviewing techniques to assess the child’s well-being and concerns. If the parent has coached the child to deliver specific responses or prepared them ahead of time for these interviews, the GAL can include these concerns in their report for the court’s review.

Witness Interviews

When the parents learn that a Guardian ad Litem has been appointed, they will need to provide the GAL with a written list of “witnesses” who can describe how each parent interacts with the child. For example, you can refer the GAL to teachers, counselors, daycare providers, or other professionals who can attest to your parenting skills. Friends and neighbors can also serve as witnesses, but GALs generally prefer to interview more neutral professionals who are not overly familiar with the dynamics of your family. 

How and When to Request (or Oppose) a GAL in Washington

Appointing or involving a Guardian ad Litem is not necessary or even appropriate in many child custody cases. However, there are certain circumstances where the participation of a GAL can bring value to the legal proceedings and ensure that the decision sufficiently protects the best interests of the child. Generally speaking, a GAL may be useful under the following circumstances:

• Allegations of abuse or addiction against a parent
• Concerns arising from Child Protective Services
• Contradictory statements or accounts from the parents
• Large amounts of evidence need to be reviewed 

If you wish to involve a GAL in your child custody case, you will need to file a motion with the court to make this request. Once the court has appointed a GAL (even if it’s against your wishes), you will need to participate in the investigation. If you are concerned about their role in these proceedings, you can reach out to a trusted and experienced Seattle child custody attorney to voice your concerns and prepare to navigate the investigation process with greater clarity and confidence. 

Frequently Asked Questions (FAQs) About Guardian ad Litems 

Can I request a new GAL if I disagree with them?

Yes, but only if you file a motion that shows strong evidence of bias, conflict of interest, or that they failed to perform their duties. 

Does the GAL interview the child?

Yes, as long as the child is old enough and developmentally able to express their thoughts. 

Reach Out to Seattle’s Trusted Family Law Firm Today

Disputes that involve your children are among the most stressful and emotionally trying legal cases for parents in Washington state. If you are struggling with a child custody matter, you deserve responsive, caring, and effective legal counsel to guide you through this challenging time. Please reach out to the Hemmat Law Group by calling our Seattle office at (206) 682-5200 to get started with a highly experienced and compassionate family law attorney.