Ind. Elkhart Cnty. Local Rule LR20-FL00-407

A. The Courts of Elkhart County reserve the right to appoint a guardian ad litem to represent the

interests of minors and incapacitated persons. Authority to appoint a GAL is found in Indiana Code

31-15-6-1; Indiana Code 31-17-6-1 or by Order of the Court. See also Indiana Code 31-9-2-50.

B. Appointment. When the Court is required by statute, or when the Court, in its discretion, finds that

it is appropriate to do so, the Court Shall appoint a guardian ad litem who is registered on the Indiana

Guardian ad Litem Registry. The guardian ad litem shall be a party to the proceeding.

C. The appointed GAL shall act in accordance with all requirements for Qualifications, Training, and

Roles and Responsibilities as outlined in the Indiana Guardian Ad Litem Guidelines for Civil Family

Law Cases (Rule 1.1 through 3.14).

D. Fees. GAL fees may be split evenly between the parties or by percentage of income on the most

recent child support worksheet or as the court may determine. Reallocation of payment of GAL fees

will be considered upon request or on the Court’s own motion in making such decisions the Court will

consider all relevant factors. The Court may reallocate the parties’ share of the total guardian ad litem

fees at the conclusion of the case or at another appropriate time. The Court will order payment of

reasonable GAL fees. The GAL may work out payment agreements with the parties. The Court, when

necessary, will enforce payment of reasonable GAL fees.

E. The Court may order the parties to pay a retainer to the guardian ad litem to be held in trust

pending approval of guardian ad litem fees. The Court may order an additional retainer or fees to be

paid by the parties to the guardian ad litem during the pendency of the case.

F. Term of Service. The guardian ad litem shall serve until discharged by Court order. The

guardian ad litem may at any time petition for removal from service. The parties may also

petition for removal of the guardian ad litem. It shall be within the Court’s discretion

whether just cause exists for such removal.