A Guardian Ad Litem is appointed by the court. The circumstances surrounding the appointment of a guardian ad litem(GAL)can be many. They are assigned in custody cases when the parents disagree on how much time the child or children should spend with each of them and/or there are allegations of neglect and abuse. The GAL is meant to represent the best interest of the children involved.
Who Is Your Guardian Ad Litem?
She is typically an attorney, mental health professional or social worker. The GAL could be a man or woman. For the sake of simplicity the GAL will be referred to as a woman in this article. Each state has different rules about the qualifications and training needed to serve as a GAL. The GAL is appointed by a judge and submits her recommendations and findings to the judge. She doesn’t dictate what the outcome of a case is by her recommendations. However, a judge typically trusts the assessment of a Guardian Ad Litem and follows the recommendations.
Regarding the recommendations there are two things to keep in mind. The first is that a GAL is going to be conservative. She is hired by the court and recommended by judges. The sum she is paid may not be millions but it is still an amount of money that is nothing to sneeze at. She wants to be asked back by the judge. If she makes a recommendation that a judge follows which turns out to be completely wrong it makes the judge look bad and it makes her look bad. Nobody likes looking bad.
The second thing to keep in mind is two-fold. The Guardian Ad Litem can be dismissed and replaced if you do not like they way things are going and that the recommendation of a Guardian Ad Litem can be appealed. You can hire another GAL if you disagree with the recommendations of the first. The GAL can also be called to testify if the case goes to trial. Your attorney would have the opportunity to question any discrepancies, inconsistencies or errors in the report submitted by the GAL.
It is important to remember that in most cases the parental parties involved are going to be paying for the Guardian Ad Litem. Keep this in mind when you initially interact with the GAL assigned to your case. It may be expedient to fire them early if you don’t like them.
Your Appointment With The Guardian Ad Litem
When the Guardian Ad Litem is assigned to your case she will set up an appointment with you at your residence. In preparation for this meeting keep thorough records of your interactions with your children, any medical or educational concerns, and any communications with the other parent. Documentation will help provide context if the GAL asks for specific information.
She will want to come to your house for an inspection. She is making sure that there is reasonable accommodations for the children. Is the house in shambles? Does it appear to be a safe place to spend the night? Are the windows in place? Are there clean sheets on the beds?
In addition to a visual inspection of your abode the GAL wants to gauge your interaction with your children. Do your children seem affectionate toward you or do they cower in the corner and avert their eyes?
The entire time of the visit the Guardian Ad Litem is making evaluative judgments of what she sees. This is where it can be tricky down the road because you cannot determine exactly what a GAL may deem as suspicious or unacceptable. If you follow the general rule that a clean house and a kind and gentle atmosphere is the best place to raise children you should be fine.
During the initial visit the GAL will conduct an interview with you. It is mainly a biographical interview starting from your childhood leading to your present situation. She wants to know about your parents, siblings, upbringing, school experience, how you met your soon to be ex and the nature of that relationship.
Practice Good Manners
This first visit will take a few hours. This interview is when you can relate any concerns you have about your children. It is important to note that your soon to be ex is going to have the same opportunity with the Guardian Ad Litem. The chance to smear, bad mouth, and bash your soon to be ex can be very tempting. There is an opportunity to stretch stories or embellish the truth.
It is up to the GAL to determine whether the person they are hearing from, you or your soon to be ex, is a reliable and credible person.If you falsely paint an awful picture of your soon to be ex and his or her relationship with your children you are going to lose credibility in the long run. The GAL is always on the lookout for affirmations or contradictions of the portrait you described. If your descriptions don’t measure up your future statements will hold little weight.
In regards to this fact be aware and suspicious if the GAL comes at you with intimations that you are acting in some inappropriate manner. Your soon to be ex may be feeding the GAL lies and false allegations. I will address this further later in this article.
If she hasn’t already met with your soon to be ex, the Guardian Ad Litem will conduct the same investigation at his/her house. Following this the GAL may request to interview your children alone, often times after school.
These interviews will serve as the basis of the report filed by the Guardian Ad Litem. In the initial interview she may ask for references like siblings, co-workers, friends, etc. These people will vouch for you as a person. If the case becomes complicated they may serve as character witnesses as to your fitness as a parent.
From this point the Guardian Ad Litem could finalize her report and submit it to the court. If things are more complicated she has more work to do.
Additional Considerations
If an attorney from either side files motions requesting time limits on when a parent can be with his/her children supervised or unsupervised the Guardian Ad Litem oversees and manages this.
In the case of supervised visits this includes finding the agreed upon places that meetings can take place as well as who can serve as a supervisor.
If the Guardian Ad Litem has reason to believe that one of the parents is a danger to his/her children for a specific reason she is bound to file a case with child protective services or department of human services depending on which state you’re in.
If circumstances become so convoluted in the course of the divorce and the Guardian Ad Litem feels unqualified to make a recommendation she may request further evaluations. Third party professionals like psychologists for a parenting fitness evaluation or substance abuse evaluation or a agency that evaluates child abuse.
All of these evaluations are submitted to the attorneys on each side as well as the Guardian Ad Litem. The GAL use these to finalize their recommendations. Always keep in mind that the Guardian Ad Litem is human. She has other cases going on and her private life too. Remain polite and respectful in all interactions. This can be difficult to accomplish in an emotionally charged situation. Take deep breaths and do your best. Put your best forward for the best outcomes for your case!