BEST INTEREST ATTORNEY/GUARDIAN AD LITEM 

High conflict custody cases may require that the court appoint an attorney to represent the best interest of the child.  The child’s advocate in referred to in the District of Columbia as a Guardian Ad Litem (“GAL”), whereas in Maryland s/he is called a “Best interest attorney.”  This is an experienced family law attorney, who has obtained a special training on representing children in court, and is someone that not only meets with the child, but can also talk to the children’s treating doctors, therapist, relatives, and school personnel to better understand the child’s situation and then advocate in court for a custody arrangement that will be best suited to the child’s needs.   

Normally the fees for the GAL or best interest attorney are split between the parents, unless the court orders otherwise.  The child’s advocate does not perform a custody evaluation or home-study, and s/he is not meant to testify in court.  This professional is not an expert witness, and the communications between the parents and the child advocate are not privileged, as s/he is not representing either parent, but rather the minor child.   

As the GAL or best interest attorney, the child’s advocate can recommend that the court waive the child’s privilege with his/her therapist, if appropriate after weighing all the material factors in that case.  This attorney also has the ability to  participate in all aspects of the case, including issuing discovery, taking depositions, and calling witnesses to trial in order to support his/her position of what is in the minor child’s best interest regarding physical and/or legal custody. 

Parents that believe their child would benefit from the involvement of a best interest attorney or GAL must petition the court, and by agreement between the parties may specify who should be considered for this assignment.  Several of the principals at Markham Law have been appointed for this role in numerous cases, and would welcome the opportunity to assist more families in need of this service.