Section 20.10 Guardian ad Litem

• Library: Family Law Deskbook and 2014 Supp

C. (§20.10) Guardian ad Litem

Section 452.423.1, RSMo Supp. 2011, provides that the trial court has discretion to appoint a GAL (guardian ad litem) in all proceedings for child custody. This appointment can be initiated by application of either party or on the court’s own initiative. Because the GAL is entitled to participate fully in all discovery, consideration needs to be given early on as to the need or advantage of a GAL appointment.

GALs can be disqualified upon the filing of a written application by any party within ten days of their appointment. Section 452.423.1. Each party is entitled to one disqualification of a GAL in each proceeding; a party may be entitled to additional disqualifications of a GAL for good cause shown. Id.

If child abuse or neglect is asserted by either party, the
trial court is required to appoint a GAL. Section 452.423.2;
see § 210.160.1, RSMo Supp. 2011; Downard v. Downard, 292 S.W.3d 345 (Mo. App. E.D. 2009). Section 210.110(1), RSMo Supp. 2011, defines abuse, and § 210.110(12) defines neglect. For more detailed discussions of abuse and neglect, see also:

Sewell-Davis v. Franklin, 174 S.W.3d 58 (Mo. App. W.D. 2005)

Dent v. Dent, 965 S.W.2d 230 (Mo. App. W.D. 1998)

Osmun v. Osmun, 842 S.W.2d 932 (Mo. App. E.D. 1992)

Renfro v. Fehrmann, 817 S.W.2d 592 (Mo. App. W.D. 1991)

Accordingly, if this evidence is...