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Custody, GALs & AMCs: The Questions to Ask

Connecticut decides custody by “the best interests of the child.” Often the most influential voice in the room is not a parent or even the judge — it is the guardian ad litem or the attorney for the minor child. Here is what they are, and what you should always ask.

Footing is not a law firm and this is not legal advice. Custody decisions are high-stakes and fact-specific. Use this as a starting point for questions to raise with a licensed Connecticut attorney, not as a substitute for one.

GAL vs. AMC — who’s who

Guardian ad litem (GAL)

A GAL represents the best interests of the child. A GAL can investigate, talk to the parents, children, teachers, and therapists, make recommendations to the court, and testify as a witness. A GAL is usually an attorney, but acts as the court’s eyes — not as the child’s personal lawyer.

Attorney for the minor child (AMC)

An AMC is the child’s own lawyer and advocates the child’s expressed wishes, within the bounds of the attorney-client relationship. The difference between “best interests” (GAL) and “what the child wants” (AMC) can matter a great deal.

Both are usually appointed by the court, both are often paid by the parents (frequently by the hour), and both can carry significant weight with a judge. Because of that influence, you are entitled to understand exactly who they are and how they operate.

Questions to always ask

Fees. What is the hourly rate? Is there a retainer? Who pays what share, and how is that decided? What happens if you cannot afford it? How are the fees reviewed by the court?
Scope and process. What exactly will they do? Who will they interview? What is the timeline? How will they reach a recommendation, and will you see it before it goes to the judge?
Experience. What is their training and current caseload? How many cases like yours have they handled?
Relationships. Have they worked with the lawyers on the other side before? Do they appear regularly before the judge on your case? (See the next section.)

Conflicts of interest: what you can ask the court to put on the record

You are allowed to ask the court, respectfully and on the record, to disclose relationships that could create an appearance of partiality — for example, between the judge and a lawyer on the case, or between the judge and a recommended GAL or AMC. Asking for disclosure is not the same as accusing anyone of wrongdoing; it is asking for transparency so that everyone can evaluate the situation in the open.

An illustration (hypothetical). Suppose a judge on your case had spoken at a continuing-legal-education or judicial-education event about what judges look for in a restraining-order hearing; an attorney for the other side had introduced that judge at the event; and that same attorney also held a position with a bar association that worked directly with that judge. None of that, by itself, proves anything improper. But it is exactly the kind of relationship you can ask the court to disclose and put on the record, so that everyone — including you — can weigh whether it creates an appearance of partiality.

Under the Connecticut Code of Judicial Conduct, a judge must disqualify in any proceeding in which the judge’s impartiality might reasonably be questioned. You can ask for disclosure, and, where it is warranted, you can ask the judge to consider recusal. Do it as a request, not an attack: name the specific relationship you are asking about, keep it factual, and avoid accusations you cannot support.

If you have concerns about a GAL or AMC

You can raise fee disputes, ask the court to review the GAL’s or AMC’s conduct, and in appropriate cases ask the court to remove and replace them for cause. Keep your concerns specific, factual, and on the record. As with everything in a custody case, the cleaner your documentation, the more seriously it tends to be taken.

This page is general information about how guardians ad litem and attorneys for minor children work in Connecticut, and about questions and disclosures you are entitled to raise. It is not legal advice, and it is not a statement about any specific judge, lawyer, or case. For your situation, talk with a licensed Connecticut attorney. Need help finding one? AVOWAL works with independent licensed attorneys.