When Children’s Protective Services (CPS) files a petition in Michigan’s family courts, the stakes are incredibly high. Parents may be facing allegations of abuse or neglect, and children may be removed from their homes. In a worst-case scenario, the court can terminate parental rights. To ensure that children have a voice and that their best interests are represented, Michigan law requires the appointment of a Guardian ad Litem (GAL) in all child protective proceedings.
What Is a Lawyer-Guardian ad Litem?
Under Michigan law, a Lawyer-Guardian ad Litem is an attorney appointed by the court to represent the child’s best interests during abuse and neglect cases. This role is distinct from an attorney representing a parent or guardian. The L-GAL is there solely for the child. The LGAL is required to personally meet with the child to determine what is in the child’s best interests. When the child is old enough and mature enough, the LGAL often asks the child about their desires.
Duties and Responsibilities of a Lawyer-Guardian ad Litem
The L-GAL’s responsibilities include:
- Participating fully in litigation: Filing motions, calling witnesses, cross-examining others, and monitoring court-ordered services.
- Investigating independently: Interviewing the child, parents, relatives, foster parents, and caseworkers.
- Reviewing records: Examining CPS files, foster care agency reports, and other documents relevant to the child’s welfare.
- Meeting and communicating with the child: The L-GAL must meet with the child before every major stage of the case (pretrial, disposition, review, permanency planning, post-termination hearings).
- Advocating for best interests: Determining what is in the child’s best interests, which may or may not align with the child’s stated wishes. When our CPS defense team represents parents in CPS cases, we always hope to deal with an LGAL that takes their job very seriously, which is very different from LGALs that simply rubber-stamp whatever CPS wants.
Why Parents Still Need Their Own Attorney
It’s important to understand that the L-GAL does not represent the parents in any capacity. Their sole obligation is to the child. The key points parents should know are:
- If the L-GAL believes it’s in the child’s best interests to remain out of the home, they will advocate for foster care or even termination of parental rights. Our CPS defense team always strives for an LGAL that is truly independent of CPS. Unfortunately, that doesn’t always happen.
- Parents’ rights and defenses must be separately presented by their own attorney.
- Without strong representation, parents risk losing custody or even permanent termination of parental rights.
In Michigan courts, judges rely on the reports and recommendations of L-GALs. Parents should always seek legal representation in CPS cases to protect their interests. An experienced CPS attorney can challenge those findings, present evidence, and advocate for reunification of the family. Our goal is always to keep families together.
FAQs: Lawyer-Guardian Ad Litem in Michigan
Do all children in CPS cases get a Lawyer-Guardian ad Litem?
Yes. Michigan law requires that an L-GAL be appointed for every child in protective proceedings. That means there will always be an LGAL in every CPS case in Michigan.
Is the L-GAL the same as a Guardian ad Litem (GAL)?
Not exactly. A GAL can be a non-attorney appointed to investigate and advise the court. An L-GAL must be a licensed attorney and (hopefully) actively litigates on behalf of the child. The top-tier LGALs do that. Then some go along with whatever CPS wants. It’s sad, but true. We see it all over Michigan when we’re in the trenches fighting for parents.
Does the L-GAL have to follow what the child wants?
No. The L-GAL must weigh the child’s wishes against their maturity and the child’s best interests. However, the L-GAL must still report the child’s stated preferences to the court.
Can parents talk directly to the L-GAL to influence the case?
Parents may provide information, but the L-GAL is not their attorney. Parents should only communicate through or with the guidance of their own CPS attorney. Who pays for the L-GAL?
The court can order reimbursement from parents based on their ability to pay, or costs may be covered by the county/state.
Contact Our Office Today!
The Lawyer-Guardian ad Litem plays a powerful role in many Michigan CPS cases, representing the child’s best interests and influencing major decisions about placement, reunification, or termination. While this protects children, it also means parents must be proactive about their own representation. At The Kronzek Firm, we understand that the stakes in these cases are high for parents battling CPS. If you are facing a CPS investigation or child protective case, having an experienced CPS defense attorney is essential. The court will ensure your child has a lawyer-guardian ad litem; make sure you have a strong, very experienced advocate for your rights, too. One of our skilled CPS attorneys can assist you by:
- Explaining your rights and responsibilities
- Communicating with CPS on your behalf
- Challenging false allegations
- Navigating court proceedings
Contact our office today at 1-800-KRONZEK for a consultation. You can also send us an email at contactus@kronzek.law at any time. Our attorneys have represented thousands of clients for more than 30 years. We have battled CPS in many counties in Michigan’s lower peninsula.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]