What is a Guardian ad Litem in Maine?

A Guardian ad Litem in Maine is an independent, court-appointed professional who takes on the responsibility to investigate solutions in the “best interests of a child” in complex divorces or parental rights and responsibilities cases.

The child’s best interest’s standard is used in all court decisions that affect dependent children in Maine. This can be difficult to determine in some cases, and the court may need assistance from dedicated professionals.

Let’s look a little closer at what a Guardian ad Litem does, who can be appointed, and how a child’s best interests are determined.

A Guardian ad Litem (GAL) is appointed by court order to investigate a family situation and advise the court on the following types of matters:

• Where the children should primarily live.
• Who should make the key decisions in the child’s life.
• Any potential risks to the child’s safety or well-being.
• The best arrangements for a child’s ongoing and regular contact with each parent.

Often, a GAL is appointed in family law cases that involve abuse or neglect. In Maine, cases involving children in foster care, families seeking supervised visitation, and adults with disabilities in guardianship cases often require a GAL appointment.

A Guardian ad Litem’s role may vary with the nature of the case but typically fall into two general types:

1. A broad role that encompasses looking at the child’s overall situation and making general recommendations about parental rights and responsibilities.
2. A more limited role that requires the GAL to look into a specific issue, such as a parent’s substance abuse record, mental health, or ability to make rational decisions about a child’s care.

The GAL’s roles generally involve observing and engaging with the subject of the child custody case, as well as others involved in the child’s life. Besides the parents, this may include other family members, caregivers, teachers, counselors, and/or social workers.

After the investigation is complete, the GAL will report the findings to the court and recommend an outcome deemed to be in the child’s best interests. In doing so, the GAL will consider a range of factors, which are discussed in more detail below.

Judges in Maine are not duty-bound to follow the recommendations of a guardian ad litem, but will usually place considerable weight on the report when making their decision.

The Maine Judicial Branch maintains an official roster of Guardians ad Litem (GALs) available for appointment in each county. You can access it here.

Sometimes, the appointed Guardian ad Litem is a licensed family law attorney, although neither parent nor their lawyers have a say in the GAL appointment. This is for the judge to decide.

Other professionals who may be appointed as GALs include licensed mental health professionals with special training and volunteers who have completed the National Court Appointed Special Advocate (CASA)/GAL initial training program and continued education.

All Guardians ad Litem must meet the qualifications established by the Supreme Judicial Court for Maine and complete core training to be “rostered” as a GAL. Qualification also involves stringent background checks, including a criminal history check, child protection background check, and good standing check for attorneys/licensed professionals, etc.

What is the difference between a Guardian ad Litem and an attorney?

A Guardian ad Litem can be assigned to no more than two children or sibling groups at once, with a very specific remit. They remain involved in the case until the end, observing and representing the best interests of the children, until a permanent solution has been found for the children.

Family law attorneys, on the other hand, can handle multiple legal cases concurrently across a broad range of family law matters. They may be involved throughout a legal case, offering legal advice and working on behalf of a child more actively than a GAL, and trying to persuade the judge to rule in favor of their client(s).

These are the main differences between GALs and attorneys. Another important difference is that an attorney will take into account the client’s wishes, while a GAL can make impartial recommendations that do not align with either the child’s or the parents’ wishes.

The best interests of the child is the standard by which Guardians ad Litem work and make their recommendations in Maine.

After observing the situation and interviewing various people involved in the child’s life as required, the GAL will weigh up the following factors, amongst others:

• The child’s age, needs, and current relationship with parents.
• The stability of each parent’s living situation.
• The ability of each parent to provide a supportive and loving environment.
• Whether a parent has a criminal record or a history of abuse, neglect, or family violence.
• The other people involved in providing childcare.
• The child’s preferences (if mature enough to express an opinion).
• The child’s present arrangements for education, healthcare, etc.
• The level of cooperation between the parents when organizing childcare.

While the “best interests of the child” is the key guiding principle for all matters concerning dependent children in Maine, a judge will also consider the rights of parents when deciding on the welfare and care of the child.

The standard is for a child to maintain ongoing and regular contact with both parents unless evidence indicates that this would be detrimental to the child.

Most Guardians ad Litem are committed professionals who take their work very seriously. However, parents occasionally clash with these professionals, believing that they are interfering unnecessarily in matters or making recommendations that are not in the child’s best interests.

If discussions with the GAL do not resolve the matter, parents can inform the court of their concerns either verbally or in writing at the next hearing or file a formal grievance with the Guardian Ad Litem Review Board.

It should be noted that the GAL has quasi-judicial immunity from liability resulting from actions undertaken after her/his appointment.

Other general points to note about Guardians ad Litem include:

• If the GAL’s recommendations are not in line with the child’s wishes or if the child expresses any wishes at all, the GAL must report these to the court.
• GAL reports are confidential and sealed after the report is submitted to the court and to the parties, with no disclosure permitted to any other parties without a court order.
• All parties involved in the investigation of the child must cooperate with all reasonable requests of the GAL, such as interview requests or signing releases for access to medical and educational records.
• No “undue influence” must be exerted over the child by either parent, e.g., no coaching about what to say to the GAL or attempts at bribery.

The involvement of a Guardian ad Litem in a child custody case in Maine can complicate matters for separated parents. Seeking legal guidance at this critical juncture in proceedings or before can help you plan the best outcome for your child’s future.

For legal assistance with any aspect of divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.