Understanding the Value of a Guardian Ad Litem

• Publication year: 2024
• Citation: Vol. 47 No. 5 Pg. 22
• Pages: 22

understanding the value of a Guardian ad LitemNo. Vol. 47 No. 5 Pg. 22Wyoming Bar JournalOctober, 2024

The practice of family law in Wyoming courts is more intricate than it might initially appear, owing to the delicate interplay between state statutes, case law, and the deeply personal nature of family disputes. Each case brings its own unique set of circumstances, requiring the courts to carefully examine the best interests of the children at issue. The high emotional stakes, combined with the necessity for nuanced legal interpretation, render family law cases challenging terrain for all involved. In this complex legal landscape, the role of a Guardian ad Litem (GAL) in private custody cases can be a beacon of clarity. In several Wyoming counties GALs are often misunderstood and underutilized—much to the detriment of the parties navigating these difficult disputes.

Imagine representing a parent in a contentious custody battle where emotions run high, accusations fly, and the child's well-being hangs in the balance. Enter the GAL—a legal advocate focused solely on the child's best interests and, when appropriate, the child's preferences. This impartial voice can make all the difference in the outcome of the custody case. The GAL can offer insights that might otherwise be overshadowed, under-considered, or disregarded due to the emotional turbulence of the situation. Moreover, the GAL can assist parents in learning effective co-parenting methods, fostering respectful communication, and developing a sense of gratitude

While most counties in Wyoming do not require a GAL in custody cases, the appointment of a GAL often is the deciding factor between resolving a case with a positive parenting outlook or ending in a contentious custody trial before a judge, where the parents lose their ability to make decisions for them-selves.

for one another as parents, even when they are separated.

While most counties in Wyoming do not require a GAL in custody cases, the appointment of a GAL often is the deciding factor between resolving a case with a positive parenting outlook or ending in a contentious custody trial before a judge, where the parents lose their ability to make decisions for themselves. Given the frequency of custody cases where parents struggle to agree on parenting plans post-separation, understanding the significance of a GAL is essential for any Wyoming attorney navigating the state's family courts.

In Wyoming, the law clearly defines the GAL's primary responsibility as advocating for the child. As stated in Hays v. Martin,2021 WY 107, the GAL's role is not to serve as an objective decision-maker between the parties, but rather to be a staunch advocate for the child's best interests. Hays at ¶ 17. The GAL is uniquely positioned to ensure that the child's needs and preferences are fully considered in custody proceedings. Further emphasized in Lemus v. Martinez,2021 WY 66, the GAL operates in a dual capacity—both advocating for what is in the child's best interests (pursuant to Wyo. Sat. Ann.§ 20-2-201) and representing the child's voice in the courtroom. Lemus at ¶ 24. This dual role...