In child custody litigation, a guardian ad litem (GAL) is often appointed. The requirements can certainly vary by jurisdiction. However, when there are allegations of abuse and neglect, a guardian ad litem is normally necessary. When a court appoints a guardian ad litem, the exactness in terms of how this can work can vary based on the court. It can also change based on the facts. It can also changed based on the preferences of the guardian ad litem and the judge. But a guardian ad litem is normally appointed to investigate and provide a recommendation to the family court judge on what is in the best interests of the children. A guardian ad litem can help the parties settle. Alternatively, where there is no settlement, the guardian ad litem is to provide a recommendation to the court after trial guardian ad litem will usually have a meeting with both parties. They usually conduct interviews with parties about the case to figure out 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 are providing different versions of the facts. In some cases, neither party may like the recommendation of the guardian ad litem.To assist the process, the parties must know that the guardian ad litem’s role is to represent 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 that parties should be extremely prepared for their meeting with a guardian ad litem. It is also often important that a party obtain the documents and evidence together that they think is important to get to their lawyer before meeting the guardian ad litem. 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 what is relevant. A correspondence to the guardian ad litem from a party’s attorney setting forth the information and the goals of the client can help make a difference.
An experienced family law attorney can also help communicate how this meeting with the guardian ad litem may take place. This can allow for an effective strategy to be in place before any meeting. It can also make a client feel more relaxed going into the meeting.
If you are going through a custody matter where a guardian ad litem has been appointed, you can contact Stange Law Firm, PC at 855-805-0595 or contact us online.
