The Role of a Guardian Ad Litem versus a Friend of the Court in Kentucky Custody Cases

Little girl hugging her father after divorce at home

Child custody disputes can be some of the most emotionally charged and complex aspects of a divorce. Even in amicable separations, disagreements can arise when both parents want what they believe is best for their child. These concerns can be heightened by fears of losing custody or feeling that the legal system may favor one parent over the other.

When parents cannot reach a mutually agreeable custody arrangement, the court may step in to ensure the child’s best interests are protected. The Court may appoint a guardian ad litem (GAL), whose job is to represent the child and advocate for the child’s “best interests”.  The Court may also, or instead of, appoint a “Friend of the Court” (FOC), who is a neutral third party tasked with meeting with the child and both parties to investigate the family situation and provide recommendations to the court.

In this article, we’ll explore the role of a GAL and an FOC in Kentucky custody cases, the circumstances under which one may be appointed, and how their involvement can impact legal proceedings.

A Basic Overview

A guardian ad litem plays a crucial role in legal matters involving children, especially when their best interests are at stake. Children often lack the legal capacity to represent themselves in court. Moreover, when sharing their views, children are often significantly influenced or directed by their parents.

Due to the complexities of family relationships and the potential for competing parental agendas, determining what truly benefits the child can be challenging for the court. In these cases, the court might suggest or appoint a GAL to act as an unbiased advocate for the child and/or may appoint an FOC to investigate the child’s circumstances.

The GAL’s responsibilities include drafting legal pleadings for the child, meeting with the child to determine what the child wants, reviewing evidence to make a judgment call as to what is in the child’s best interest, then advocating to the Court for the child’s best interest.  Sometimes what the child wants is not necessarily in their best interest.  

The FOC’s responsibilities include conducting thorough investigations, which may involve interviewing the child, parents, and relevant professionals like teachers and social workers. The FOC may collect documents and other evidence to demonstrate what is happening outside of the Court’s purview.  The FOC may then present a detailed report and recommendations to the court.  The FOC will present the child’s “wishes” to the Court, rather than advocating for what is in the child’s best interest, which is the job of the GAL.  

Scenarios When a Guardian Ad Litem or Friend of the Court May Be Needed

Gavel, sound block and little wooden figures of parents and children

A guardian ad litem and/or a friend of the court may be appointed in the following circumstances:

  • Custody and Parenting Time Disputes: to help the Court determine a parenting arrangement that would be best for the child, given their individual desires and needs as well as that of their parents and siblings. 
  • Abuse/ Domestic Violence: to help the Court ensure the child’s rights and safety are protected. 
  • Relocation of a Parent: to help the Court determine which parent’s home would be the best primary residence for the child. 

Discuss Your Custody Issues with Hoffman Walker & Knauf Today

If you are going through child custody disputes in Kentucky, remember that you do not have to navigate this challenging journey alone. To learn more about these processes or to discuss the role of a GAL and FOC in greater detail, contact Hoffman Walker & Knauf to schedule a consultation with our team.