Guardian ad Litem FAQs
Who can be a Guardian ad Litem?
According to Section 107.001 of the Texas Family Code a Guardian ad Litem means "a person appointed to represent the best interests of a child. The term includes:
(a) a volunteer advocate from a charitable organization described by Subchapter C who is appointed by the court as the child's guardian ad litem;
(b) a professional, other than an attorney, who holds a relevant professional license and whose training relates to the determination of a child's best interests;
(c) an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or
(d) an attorney ad litem appointed to serve in the dual role."
What is Holley v. Adams?
Holley v. Adams was a 1976 case involving termination of parental rates in the Texas Supreme Court. The judge on the case listed factors that should be considered when deciding what the best interest of a child is.
What are the best interest factors in Holley v. Adams?
1. The desires of the child
2. The emotional and physical needs of the child now and in the future
3. The emotional and physical danger to the child now and in the future
4. The parental abilities of the individuals seeking custody
5. The programs available to assist these individuals to promote the best interest of the child
6. The plans for the child by these individuals or by the agency seeking custody
7. The stability of the home or proposed placement
8. The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one
9. Any excuse for the acts or omissions of a parent
What is involved in a GAL investigation?
Once a GAL is appointed, the GAL will meet with the parties in the suit separately to gauge what the initial concerns are. The GAL will request, CPS/DFPS records, school records, criminal records, child medical records, and any other records as needed to assist in their investigation. The GAL will also meet with the children in both homes to discuss what their desires and concerns are. The GAL will meet with the children at school, if they are school-aged, and talk to school officials about the children's academic, social and psychological wellbeing. The GAL will also conduct a home visit and observe parent-child interactions. The GAL may request parents and/or children complete psychological evaluations, supervised visitation, drug testing, family or individual therapy, or any other appropriate recommendations to complete their investigation and protect the best interest's of the child. Once a GAL has gathered all the information they need, they will prepare and file a court report and participate in the final court hearing if relayed in their court ordered or are subpoenaed.
Additional resources:
FamilyTexas.com - What is a Guardian ad Litem?
State Bar of Texas - Best Interest Using the Holley Factors