Guardian ad Litem (GALs) in Family Matters Cases

Guardians ad litem (GALs) may be appointed by a judge or magistrate in certain cases that are active in court. The fees for a GAL are usually paid by the parties. GALs may be appointed by the court in several kinds of cases:

Guardianship of a minor cases brought under Title 18-A of the Maine Revised Statutes may be handled by the Maine Probate Court.

How is the GAL paid for the GAL’s services in a family matters case?

The GAL is paid by one or both of the parties, as specified in the appointment order. The court generally does not pay for GALs in these cases. Oftentimes, a GAL’s fees are very similar to attorney fees. Sometimes, a GAL will accept an appointment to a case at no cost to the parties, but that is not guaranteed.

In determining the responsibility and allocation for payment, the court considers:

  • The income of the parties;
  • The marital and non-marital assets of the parties;
  • The division of property made as part of the final divorce order;
  • Which party requested appointment of a guardian ad litem, if applicable; and
  • Other relevant factors.

How do I ask for a GAL in my case?

If a party would like a GAL to be appointed in their case, the party must make a request to the court either orally or in writing. If the request is made in writing, it must be filed with the court and copied to the other party. When you make a request for a GAL, it is helpful to the court if you can provide answers to the following questions:

  • Has a GAL ever been appointed to your case in the past? If yes, what was that GAL’s name?
  • When is the next court event scheduled in your case?
  • How will the appointment of a GAL be helpful for the child(ren) in your case?
  • Have you asked the other party whether they agree to the appointment of a GAL? If you have asked, do they agree or disagree?
  • Have you contacted any GALs who are available to serve as the GAL in your case? If yes, please provide the name, phone number, and hourly rate for any GALs that you have contacted who are available to serve as the GAL in your case.

The court may approve or deny the request for a GAL, or the court may schedule a brief hearing to further evaluate the request.

Who may be appointed to be a GAL in family matters cases?

A GAL may be an attorney or a licensed mental health (MH) professional. You can review a list of rostered GALs on the GAL Review Board’s website.

Duties of the GAL in family matters cases

The duties of a GAL in a family matters case are spelled out in the court’s order assigning the GAL. Common duties include making recommendations about parent-child contact and the child’s primary residence.

The court’s order will say whether the order is for a limited purpose, a standard appointment, or an extended appointment. The type of appointment affects the GAL’s duties and the length of time the GAL participates in the case. See a sample Order Appointing Guardian ad Litem Under Title 18-C or 19-A (FM-PB-125).

GALs commonly:

  • Meet and talk to the child (if over the age of three), parents, and any adults living in the home where the child regularly lives.
  • The court may also order the GAL to interview teachers, mental health professionals, the child’s pediatrician, and other people who have information about the child.
  • The court decides the extent of the GAL’s duties based on the facts of the individual case.
  • The GAL may not do more or less without the court’s permission.

What if I disagree with the GAL’s report in my family matters case?

If, as a parent, you disagree with the GAL’s report or recommendations, you or your lawyer have a right to call the GAL as a witness and question him or her in a court hearing. If you do not have a lawyer in the case, you will need to call the GAL as a witness and do the questioning directly. Your questions must be related to the case and be allowed by the Maine Rules of Evidence. The court will instruct you if any of your questions are not allowed.

Making a complaint about the GAL

If you have a serious concern about misconduct, bias, or other action of the GAL see the Making a Complaint about a Guardian ad Litem page.