Guardian ad Litem in Vermont: Role, Appointment & Objections

A guardian ad litem in Vermont is a court-appointed advocate, usually a trained volunteer, who independently investigates a case and tells the judge what outcome would best serve a child or vulnerable adult who cannot fully speak for themselves. A judge appoints one in every child abuse or neglect case, and may appoint one in contested custody disputes, juvenile delinquency matters, and proceedings involving adults who may need a guardian.¹ The GAL is not the child’s lawyer. Their job is to form an independent view of what is in the child’s best interests and report that view to the court, even when it differs from what the child wants.²

When a Vermont Court Appoints a GAL

Appointment is automatic in some cases and discretionary in others.

Juvenile and CHINS Cases

Under 33 V.S.A. § 5112, the court must appoint a GAL for any child under 18 who is a party to a juvenile proceeding, including Child in Need of Care or Supervision (CHINS) cases. The GAL cannot be a party to the proceeding or an employee of one, which preserves independence. In delinquency cases a parent or custodian can serve as the GAL, but only if their interests do not conflict with the child’s.³

Custody and Parental Rights Cases

In family court cases involving parental rights and responsibilities, the judge has discretion to appoint a GAL to represent the child’s best interests.⁴ This commonly happens when parents cannot agree on a parenting plan, when there are allegations of harm to the child, or when the case is particularly contentious. Nothing requires a GAL in a routine custody case where the parents are working out a plan.

Vulnerable Adults and Guardianship

GAL appointments are not limited to children. When an interested person files a petition on behalf of a vulnerable adult, the court may appoint a GAL to protect that adult’s interests.⁵ In Title 14 guardianship proceedings, the Probate Division can appoint a GAL at any point if the court determines it is necessary to protect the adult who may lose decision-making authority over finances, health care, or living arrangements.

How a GAL Differs from the Child’s Attorney

In juvenile proceedings a child can have both a GAL and an attorney, and the two roles are not interchangeable. The attorney represents the child the way a lawyer represents any client: by advocating for the child’s expressed wishes and maintaining confidentiality. The GAL forms an independent judgment about the child’s best interests and reports that judgment to the court.³

The two can disagree. A teenager might tell their attorney they want to live with a particular parent, while the GAL recommends a different arrangement based on safety concerns the child does not fully appreciate. The court hears both. Judges tend to give the GAL’s assessment significant weight because it reflects an independent investigation, but the recommendation is not binding and the judge decides.

What the GAL Will Actually Do in Your Case

Under V.R.F.P. Rule 6, which governs GALs in CHINS cases, the core duties include meeting with the child and the child’s attorney, becoming familiar with all pleadings and reports, and discussing available options with the child and counsel.² In practice, the GAL will interview parents, teachers, counselors, and medical providers, and will often visit the child’s home.

Vermont law gives GALs access to records that are otherwise confidential. Department for Children and Families records must be disclosed to the child’s GAL upon request.⁶ That access covers social service histories and prior investigation reports. The GAL cannot share confidential or privileged information with opposing parties without the subject’s consent after consulting with counsel.⁷

How the GAL gets information to the judge is more constrained than people expect. A written report can only reach the court by agreement of the parties or through the Vermont Rules of Evidence; the GAL cannot simply hand a report to the judge without the other parties knowing.² That protects due process for parents and other parties, who have the right to see and challenge the information being used in the case.

Who Actually Serves as GAL

Most GALs in Vermont are volunteers, not attorneys. The state’s program recruits individuals who must pass a background check and complete 32 hours of training before receiving their first case assignment.⁸ New GALs also work through a mentorship with an experienced volunteer before taking cases independently, and ongoing education is expected throughout the appointment. Training must cover early childhood, child, and adolescent development.⁹

A GAL stays with the assigned case until it reaches a permanent resolution, which in complex family or probate matters can mean years.

Requesting, Objecting to, or Replacing a GAL

In CHINS cases, you do not need to ask: appointment is automatic. In custody cases and adult proceedings, a party, their attorney, or the court can raise the question. For adult proceedings under V.R.F.P. Rule 6.1, the motion must be supported by an affidavit and served on the respondent, who has the right to object and appear before the court. The court cannot grant the motion without providing an opportunity for a hearing, unless the respondent consents.¹⁰

If you believe the appointed GAL is not doing the job properly or has a conflict, raise it with the court through your attorney while the case is active. The presiding judge has authority to address problems with the appointment, including replacing the GAL. For concerns about the program itself, staff coordinators in each county oversee volunteer performance. Vermont does not have a widely publicized formal grievance board specifically for GALs, so working through the court and program staff is the practical path. If you are unrepresented, you can file a motion with the court explaining the issue and asking for relief.

Cost

Most GAL appointments in Vermont go to program volunteers, and that means no direct cost to the families involved. When the court instead appoints a private attorney or professional to serve as GAL, the court may allocate the cost between the parties. If you are concerned about paying for a GAL, ask the court whether a program volunteer is available for your case. In juvenile proceedings, the statute contemplates both a GAL and a separate attorney for the child, and costs tied to the child’s legal representation are handled separately from the GAL appointment.³

1
Vermont Judiciary. Guardian ad Litem Program
2
Vermont General Assembly. Role of the Guardian Ad Litem
3
Vermont General Assembly. Vermont Code Title 33 Chapter 51 Section 5112 – Attorney and Guardian ad Litem for Child
4
Vermont General Assembly. Vermont Code 15 VSA 669 – Guardian ad Litem
5
Vermont General Assembly. Vermont Code 33 VSA 6938 – Procedure
6
Vermont General Assembly. Confidentiality in Child Protection Proceedings
7
Child Welfare Information Gateway. Representation of Children in Child Abuse and Neglect Proceedings – Vermont
8
Vermont Attorney General’s Office. Be The Difference In a Childs Life – The Vermont Judiciary Guardian ad Litem Program
9
Office of the Law Revision Counsel. 42 USC 5106a – Grants to States for Child Abuse or Neglect Prevention and Treatment Programs
10
Vermont Judiciary. Vermont Rules for Family Proceedings Rule 6.1