3. What is the role of a GAL?
In cases where the parties are unable to agree on a parenting plan or there
is a child related dispute, the court may order a GAL to independently
represent the best interests of the child. The GAL does not represent the
mother, father or any other party in the case. The GAL only represents the
best interests of the child. The GAL does not make decisions for the court.
The court may need the GAL to perform certain functions. Some of the
functions could be:
4. What can a parent in a family court matter expect from a GAL?
A parent should expect a GAL to be fair and impartial. The GAL is expected
to avoid any conflict of interest, be courteous and professional and act in
good faith. The GAL is expected to complete his or her duties in a timely
fashion and to maintain accurate records pertaining to both the duties
performed and the fees he or she is owed for performing those duties.
5. Who pays the GAL?
The parties to the case pay the fees for the
GAL. Each party is required to submit a financial affidavit to the court.
The court will consider each party’s financial situation and order how the
payment is to be split between them. In some cases, the parties may qualify
for the appointment of a GAL that is paid for by the state. The parties must
submit their financial affidavits to the court for review. If the parties
meet the eligibility requirements of the Division of Public Defender
Services, the court will appoint a GAL who is paid for by the state.
6. Is there a sliding scale fee option for parents with limited resources?
On October 1, 2014, the following sliding fee
scale took effect for counsel or a guardian ad litem appointed in a family
relations matter pursuant to Public Act 14-3.
DIVISION OF PUBLIC DEFENDER SERVICES FEE SCALE
Parents’ Combined Gross Income | Appointed AMC/GAL Hourly Rate |
$00.00 - $39,062.00 | State paid* |
* Currently the state pays the GAL/AMC a flat fee of $500, plus $50/hour for
hourly billing events approved by the Division of Public Defender
Services contract.
JUDICIAL BRANCH SLIDING FEE SCALE
Parents’ Combined Gross Income* | Appointed AMC/GAL Hourly Rate |
$39,062.01 - $50,000.00 | $75/hr - $100/hr |
$50,000.01 - $70,000.00 | $100/hr - $150/hr |
$70,000.01 - $100,000.00 | $150/hr - $225/hr |
* The sliding fee scale is based upon the combined gross income of the parents and
assumes one child. The scale is only applicable to cases where the combined
gross income of the parents is $100,000 or less.
In addition to considering the parents’ gross income, the court may also consider other factors to determine whether application of the scale is appropriate and at what level, including:
7. Can a GAL be removed from a case?
If a party believes that a GAL has acted improperly in a family case, he or she can file a
motion to ask the court to remove the GAL from the case. After the motion is
filed, the court may refer the motion to the Family Services Unit of the
court. If the parties involved in the case cannot resolve the motion
themselves, the court will have a hearing and decide the motion.
8. Is there a list of individuals qualified to be appointed as a Guardian Ad Litem (GAL) in a family case?
The following is the list of individuals who have completed the training
required by Practice Book Sections 25-62 & 25-62A and who are available to
accept appointments from the court. Only a lawyer can be appointed as an
Attorney for a Minor Child. The list displays an "X" in each court location
for which the individual will take appointments. The "X" will be accompanied
by an asterisk (*) in each court location for which the individual has been
approved by, and is under contract with, the Division of Public Defender
Services (DPDS) for payment by the state where a Judge or Family Support
Magistrate orders state payment because of the financial circumstances of
the parties. In the column entitled "Languages" you will find inserted any
language(s) in which the individual reported having proficiency. "Titles"
are provided by the listed individuals.
9. Is there a Code of Conduct for GALs?
Yes, there is a Code of Conduct for
Attorney for the Minor Child and Guardian ad Litem, which is available
on this website.
Attorney for the Minor Child
1. What is an Attorney for a Minor Child (AMC)?
An attorney for a minor child, often referred
to as an AMC and also called Counsel for the Minor Child is an individual
the court appoints, either upon motion of a party or when the court
determines an AMC is necessary to advocate for the best interests of the
child. The court will consider the appointment of an AMC if the parties are
unable to resolve a parenting or child related dispute. The AMC’s role is
different from that of a guardian ad litem (GAL). The AMC represents the
child’s legal interests and supports the child’s best interests, while the
GAL represents only the child’s best interests.
2. Who can be an AMC?
Only an attorney who has completed the
comprehensive training program required by Practice Book Section 25-62,
which is sponsored by the Judicial Branch, is eligible to be an AMC. The AMC
cannot be the same attorney that is representing either of the parents.
3. What is the role of an AMC?
In cases where the parties are unable to agree on a parenting plan or there is
a child related dispute, the court may appoint an AMC to be the child’s
attorney. The court will specify the role of the AMC in each case. Just as
the parents may have their own attorneys advocating on their behalf, the AMC
represents the child’s wishes and advocates on the child’s behalf. The AMC
can speak in court on all matters pertaining to the interests of the child
including custody, care, support, education and visitation. The AMC can also
file motions and call witnesses on behalf of the child in court. Unlike a
GAL, an AMC does not testify as a witness, but participates fully as a
lawyer in the case.
4. What can a parent in a family court matter expect from an AMC?
The AMC is expected to avoid any conflict of interest, be courteous and
professional and act in good faith. An AMC is bound by the Rules of
Professional Conduct governing attorneys in Connecticut. The client,
however, is not either of the parents, but the child. The AMC’s duty is to
the child, and the parents should not expect the AMC to advocate or argue on
their behalf.
5. Who pays the AMC?
The parties to the case pay the fees for
the AMC. Each party is required to submit a financial affidavit to the
court. The court will consider each party’s financial situation and order
how such payment is to be split between them. In some cases, the parties may
qualify for the appointment of an AMC that is paid for by the state. The
parties must submit their financial affidavits to the court for review. If
the parties meet the eligibility requirements of the Division of Public
Defender Services, the court will appoint an AMC who is paid for by the
state.
6. Can an AMC be removed from a case?
If a party believes that an AMC has
acted improperly in a family case, he or she can file a motion to ask the
court to remove the AMC from the case. After the motion is filed, the court
may refer the motion to the Family Services Unit of the court. If the
parties involved in the case cannot resolve the motion themselves, the court
will have a hearing and decide the motion.
7. Is there a list of individuals qualified to be appointed as an Attorney
for a Minor Child (AMC) in a family case?
The following is the list of individuals who have completed the training
required by Practice Book Sections 25-62 & 25-62A and who are available to
accept appointments from the court. Only a lawyer can be appointed as an
Attorney for a Minor Child. The list displays an "X" in each court location
for which the individual will take appointments. The "X" will be accompanied
by an asterisk (*) in each court location for which the individual has been
approved by, and is under contract with, the Division of Public Defender
Services (DPDS) for payment by the state where a Judge or Family Support
Magistrate orders state payment because of the financial circumstances of
the parties. In the column entitled "Languages" you will find inserted any
language(s) in which the individual reported having proficiency. "Titles"
are provided by the listed individuals.
8. Is there a Code of Conduct for AMC’s?
Yes, there is a Code of Conduct for Attorney for the Minor Child and Guardian ad Litem, which is
available on this website.