Can a Guardian ad Litem Be Biased? What to Do if You Feel Treated Unfairly

In Florida custody cases, emotions often run high. Parents want what’s best for their children, yet may disagree deeply about what that looks like. To help the court make informed decisions, judges sometimes appoint a Guardian ad Litem (GAL), a neutral third party responsible for investigating and recommending what arrangement serves the child’s best interests.

But what happens if a parent feels that the Guardian ad Litem isn’t as neutral as they should be? Concerns about bias or unfair treatment can feel devastating, especially when the future of your relationship with your child is on the line. Understanding the role of a GAL, how bias can arise, and what you can do about it is crucial to protecting your rights.

What a Guardian ad Litem Does in Florida

Under Florida Statute § 61.401, a Guardian ad Litem may be appointed by the court in cases involving parental responsibility, custody, or visitation disputes. Their job is to act as the “next friend of the child”, someone who looks out solely for the child’s best interests, not those of either parent.

The GAL investigates the family’s circumstances by reviewing documents, interviewing parents, teachers, relatives, and even the child. They then submit a report to the court that includes findings and recommendations regarding custody, timesharing, and the child’s overall welfare.

Because their reports can heavily influence the judge’s decisions, parents must be confident that the GAL is acting with integrity, fairness, and without favoritism toward either side.

Recognizing Possible Signs of Bias

Most Guardians ad Litem perform their duties diligently and professionally. However, in rare cases, a parent may feel that the GAL’s investigation or recommendations are unfairly slanted. Bias can sometimes appear in subtle ways, such as:

• The GAL is consistently giving more weight to one parent’s statements or disregarding the other’s evidence.
• Limited or uneven communication with one parent.
• A failure to investigate all aspects of the child’s environment or family relationships.
• Misrepresenting facts in reports or showing clear personal bias during interviews or hearings.

While some parents may feel dissatisfied simply because the findings weren’t favorable to them, actual bias involves conduct that compromises the GAL’s neutrality and undermines the fairness of the court’s process.

What to Do if You Believe the Guardian ad Litem Is Acting Unfairly

If you suspect that a GAL is not impartial, it’s important to act carefully and strategically. Emotional reactions, though understandable, can hurt your case if not handled properly.

1. Document Your Concerns

Keep thorough notes of all interactions with the Guardian ad Litem. Record dates, times, topics discussed, and any instances where you believe the GAL showed favoritism or failed to follow proper procedures. Written documentation can become crucial evidence later.

2. Communicate Through Your Attorney

Discuss your concerns privately with your attorney before raising them in court. An experienced family law attorney can help you assess whether the GAL’s behavior crosses into improper territory and advise you on the most effective way to present your concerns.

3. File a Formal Objection or Motion

If bias appears to be affecting the case, your attorney may file a motion to remove or disqualify the Guardian ad Litem. Under Fla. Stat. § 61.403, the court has authority to replace a GAL if there is evidence of misconduct, conflict of interest, or inability to act impartially.

In more serious situations, your lawyer can request that the GAL’s report be excluded or that the court appoint a different professional to conduct a new evaluation.

4. Request a Hearing

The court may hold a hearing to address concerns about the GAL’s conduct. At that time, your attorney can present evidence, such as inconsistencies in the report, lack of proper communication, or failure to investigate relevant information, to show why the GAL’s findings should not be relied upon.

5. Focus on Evidence, Not Emotion

The court’s focus remains on the child’s best interests, so demonstrating that the GAL’s bias affects that outcome is key. Providing tangible examples, witness statements, or documentation will always carry more weight than emotional arguments.

Moving Forward After a Difficult Experience

Feeling that a court-appointed professional has treated you unfairly can be painful and discouraging. But remember: judges understand that Guardians ad Litem are human and not immune to mistakes. Florida law gives parents the right to challenge bias, request reassignment, or present additional evidence to ensure that the final custody decision reflects fairness and truth.

Even if the GAL’s report remains part of the record, it is only one piece of evidence the court considers. With skilled legal representation, you can still ensure your side of the story is heard and that your child’s best interests remain front and center.

Protecting What Matters Most

No parent should feel powerless in a process designed to protect children. If you believe a Guardian ad Litem acted improperly or with bias, professional legal support can make all the difference. A knowledgeable family law attorney can help you identify your options, prepare documentation, and ensure the court hears your concerns clearly and respectfully.

Contact Taryn G. Sinatra, P.A.

If you are involved in a custody case and have concerns about a Guardian ad Litem’s conduct, the Law Office of Taryn G. Sinatra, P.A. can help. Our compassionate legal team understands how emotional and complex these cases can be. We will stand by your side, protect your parental rights, and work to ensure your voice and your child’s best interests are heard in court.

Contact a trusted Boynton Beach child custody lawyer today to schedule a confidential consultation and get the guidance you need to move forward with confidence.

Sources:

Stat. § 61.401 – Appointment of Guardian ad Litem in Custody Cases

Stat. § 61.403 – Powers and Authority of Guardian ad Litem

Florida Guardian ad Litem Office – Official Information