Who Is The Guardian ad Litem?
A Guardian ad Litem (GAL) is often appointed in child custody litigation. The requirements can undoubtedly vary by jurisdiction. However, when there are allegations of abuse and neglect, a guardian ad litem is usually necessary. When a court appoints a guardian ad litem, the exactness of how this can work can vary based on the court. It can also change based on the facts. It can also change based on the preferences of the guardian ad litem and the judge. However, a guardian ad litem is usually appointed to investigate and recommend what is in the children’s best interests to the family court judge.
A guardian ad litem can help the parties settle. Alternatively, where there is no settlement, the guardian ad litem will provide a recommendation to the court after trial. The guardian ad litem will usually have a meeting with both parties. They typically interview parties about the case to determine what is best for the children. Being a guardian ad litem is a difficult job. In some cases, the facts are not clear. This is the case where both parties provide different versions of the facts.
Sometimes, neither party may like the guardian ad litem’s recommendation. To assist the process, the parties must know that the guardian ad litem’s role is representing the children. They are not the lawyer for either parent. They are also not the family court judge but an attorney for the kids. However, to ensure that the best possible recommendation is made for the kids, getting the guardian ad litem the information they need is crucial. This means parties should be highly prepared to meet with a guardian ad litem.
Getting The Guardian ad Litem Information and Evidence
It is also often critical that a party obtain the documents and evidence they think is essential to get to their lawyer before meeting the guardian ad litem in a child custody matter. Important information could be school records, medical records, photos, videos, electronic evidence, and other evidence that might have a bearing on custody.
Their attorney can then review the information and provide the guardian ad litem with relevant information. A correspondence to the guardian ad litem from a party’s attorney setting forth the information and the client’s goals can help make a difference.
An experienced family law attorney can also help communicate how this meeting with the guardian ad litem may occur. This can allow for an effective strategy to be in place before any meeting and make a client feel more relaxed going into the meeting.
If you are involved in a child custody matter where a guardian ad litem has been appointed, you can contact Stange Law Firm, PC, at 855-805-0595 or online.
