Guardian ad Litem v Law Guardian
by A.G.
The job titles Guardian ad Litem and Law Guardian refer to distinct roles even though they sound quite similar. A Law Guardian and a Guardian ad Litem (GAL) are important jobs that are both in the field of law and work with children. In my last article, I discussed what a GAL does in detail. Now let’s look at the difference and figure out who you need for your case.
Guardian ad Litem (GAL)
What is a GAL? A Guardian ad Litem (or GAL) is someone who speaks on behalf of a litigant because they cannot do so themselves. For the purposes of this article, we are going to focus only on a GAL in the context of a GAL for a child(ren). In a family court case involving children, a GAL’s role is to make recommendations for the best interests of the child or children during a custody dispute. A GAL is appointed and hired during a custody and/or divorce case. A GAL may also be appointed in a contested adoption. These professionals engage with children to discuss their situation and offer suggestions that align with the child’s best interests. An attorney, social worker, or mental health professional are all professionals qualified to serve as GAL.
Law Guardian
In New Jersey, a Law Guardian is an attorney who also looks out for the welfare of a child or children, however, their main role is to advocate for a child(ren), ensuring the child’s rights are protected. Law Guardians work for the state and are statutorily appointed by the court in alleged abuse and neglect cases involving the Division of Child Protection and Permanency (DCPP, formerly known as Division of Youth and Family Services (DYFS)). Law Guardians do not work for DCPP, who file the matter in New Jersey Superior Court, regarding possible abuse and/or neglect. In New Jersey, Office of the Law Guardian is an independent agency, sitting in the Office of the Public Defender. A Law Guardian’s job is to advocate for the child’s wishes and to make those wishes known to the court. The Law Guardian gives a child a voice in court and their lives.
A Law Guardian might have the same client from the time they enter the foster care system until the case closes or, at times, until they are no longer able to be in the child welfare system. In New Jersey, a child ages out of foster care at 21 years old. These professionals are dedicated to helping children and making sure they have a healthy, bright future ahead of them.
Guardian ad Litem v Law Guardian
A Law Guardian and a GAL both work with children and their families but there is a crucial difference. If the case also includes neglect or abuse and is filed by DCPP, a Law Guardian must be appointed by the court. In other family law cases, a Law Guardian is not appointed to advocate for a child and an attorney might not be appointed to represent the best interests of the child.
Law Guardians exclusively handle DCPP alleged abuse and neglect cases, whereas a GAL may be appointed for custody matters directly by a Judge or can be hired externally by the parties. In the later example, parents and their attorneys may want to choose who they would like to work with their child. A GAL works on cases that involve custody, may involve divorce, and represent the best interest of children in that case. A Guardian ad Litem may also work on a DCPP case, but it is rare for a GAL to be appointed for a child in addition to a Law Guardian in a DCPP case.
Overall, Law Guardians and Guardian ad Litems represent children, but Law Guardians must advocate for their child clients while Guardian ad Litems are responsible for advising the court of what they believe to be in a child’s best interest. Sometimes, these two concepts and ideas are aligned but sometimes they conflict. These jobs, although they might sound similar, are extremely different and it is important to know the difference between the two to ensure the children, parents and guardians have no misunderstandings. While the GAL needs to represent the best interest of a child, they are tasked with gathering information to assist the court in reaching a decision.