Ms. Holyfield has been appointed as your family’s guardian ad litem. Now what?
Frequently Asked Questions
Note: This page is not intended as legal advice. You should contact your own attorney to get advice about your specific situation under the law as it exists at the time your situation arises.
The below information relates to GAL appointments in custody cases under Tennessee Supreme Court Rule 40A. If I have been appointed under Tennessee Supreme Court Rule 40 in a dependency and neglect case or a contested adoption, the references to payment below, among other things, may not apply.
What is a guardian ad litem?
A guardian ad litem, or GAL (pronounced “jee ay ell,” not “gal” like a lady), is a lawyer who is appointed by the Court to represent the best interests of your child or children. The GAL is not your lawyer or the other parent’s lawyer; my sole focus as the GAL is what - in my view - is best for the children. You and your lawyer may agree or disagree with various positions taken by the GAL. That is to be expected and it does not mean that we need to be hostile to one another.
It is important to note that the GAL is just another lawyer in the case. I am not a decision maker, or at least not a final decision maker. The judge or chancellor in your case is the one who makes the final decisions. Judges and chancellors will often give serious consideration to the positions taken by the GAL, but they may in fact disagree with certain parts of the GAL’s positions.
I am also not a witness in the case. I don’t write a report to the Court and I don’t testify at trial. Instead, I call witnesses and present evidence that I believe supports the best interests of the children. If your case proceeds to trial, I typically will file a proposed Permanent Parenting Plan Order and sometimes a trial memorandum in support of my position - but again, the judge or chancellor is the final authority, and I am not.
Why do we have a GAL?
The court order appointing the GAL should specify the particular reasons a GAL is being appointed in your case. Common reasons a GAL might be appointed would be heightened conflict between the parents, a possibility the child might be called to testify, a possibility either parent might seek to relocate with the children, potential substance abuse issues or mental health issues, or allegations of child abuse or neglect. This is by no means an exclusive list. If you have questions about this, you should ask your own attorney for more information.
Who pays the GAL?
Generally speaking, the Court order appointing the GAL will specify the financial responsibility of each parent for the GAL’s services, including the initial deposit to be paid and the hourly rate of compensation of the GAL. Commonly, the parties are ordered to split the GAL’s fees 50/50, but the fees may be subject to reallocation later in the discretion of the Court.
How should I proceed now that you are our GAL?
You should do the following three things as soon as possible:
pay the initial deposit using this link;
complete the Parental Information and Input Form, which can be found at this link or emailed to you upon request. You may download it, fill it in, save it, and email it to lori@loriholyfield.com; or you may print it and mail it to my office at P.O. Box 725, Munford, TN 38058; and
contact my office at 901-492-1830 to set up an initial meeting with me via phone, Zoom, or in-person visit. (Many Shelby and Fayette County families prefer remote meetings because my office is in Munford.)
I usually try to get input from both parents and the child’s therapist (if any) before I meet with the children. My strong preference is to meet with the children in a neutral environment, which is often the school, so that the children do not feel pressure from either parent during the initial meeting. (This is not an accusation. It is important to note that children often feel pressured even when a parent is not actually applying pressure consciously.)
How can a parent help me do my job as the GAL?
It is appreciated, but not required, if you can provide electronic copies of school records, medical records, and/or therapy notes for the children. At the very least, I would ask that you sign releases with schools and doctors to permit them to speak with me and provide me records. (Yes, my appointment order allows me to obtain these documents without the parents’ help; however, school districts do not always make this an easy process.)
It also helps if a parent can provide a list of people they think I should speak to, including emails and phone numbers, and tell me what relevant knowledge they think each person has. Again, none of this is required, but it can be helpful to the process.
Will you meet with me/my children more than once?
In some cases, I have multiple meetings with each parent or with the children; in others, I do not. There are various reasons for this. If you find that you want a meeting with me, whether in person or by phone, please contact our office at 901-492-1830 to schedule it. Scheduling is important because it ensures that I am not in court, you are not at work, and we are not playing phone tag.
Your case and your family are important to me.
I genuinely care about my child clients and the difficulty they experience during custody disputes between their parents. I am a mother myself, and I also experienced a high-conflict custody dispute in my own childhood that gives GAL appointments a special place in my heart and my practice.
I appreciate the trust placed in me by judges, lawyers, and families to assist them in resolving disputes about the most precious and wonderful part of a custody case - the children themselves.