A guardian ad litem (GAL) plays a large role in family law cases involving child custody, child support, adoption, divorce, emancipation of minors, and visitation rights. They are objective individuals appointed by the court to represent the best interests of a child or vulnerable person regarding legal proceedings. The guardian ad litem will investigate and evaluate the child and the child’s home life, and share what they find with the judge.
When is a Guardian Ad Litem used?
GALs are appointed in cases of divorce or legal separation when custody, visitation, or child support are contested. While a court-appointed judge requests a GAL, any party involved in the legal case can ask for one.
What Are the Different Types of Guardian Ad Litems?
There are many different types of GALs with different processes and tasks.
A GAL/investigator is an attorney who represents parties in custody and visitation cases.
They gather, analyze, and report all the facts from the present case.
A GAL/evaluator is a mental health professional who investigates all the facts and evaluates them based on their mental health experience.
Both GALs are required to be neutral, with no relationship or ties to the child’s life.
What Does a Guardian Ad Litem Do?
A GAL will conduct interviews with parents, children, and other individuals who are close to the child. In addition, they will review all documents related to the case to get a clearer picture of the situation. These could include court, school, and doctor’s documents.
When interviewing subjects, GALs will ask questions that give a good background of the parents and family regarding the treatment of the child. The GAL will stay on the case until the final court hearing.
How Do I Work with a Guardian Ad Litem?
If you are in the process of interacting with a GAL, make sure you always are communicating and cooperating so there is a good relationship. It would help the GAL to provide any documents they need from medical records, pay stubs, therapy records, criminal records, and Child Protective Services reports. Also, since GALs will be making home visits, you should always have your home clean.
What are My Rights During a Guardian Ad Litem Investigation?
Anything you share with a GAL during an investigation, verbally and in writing, can be reported to the judge, opposing party, or party’s attorney. However, you have the right to confidentiality with specific records like mental health counseling records, medical health and hospital records, DSS records, and more. For the GAL to obtain these records, they must have consent from you or have a court order.
Fleischer Law Solutions Works for You
Family-owned Fleischer Law Solutions offers full-service representation for contested and uncontested matters. Owner Robin Fleischer is an attorney who specializes in Family Law. Specifically, these services include complex custody and guardianship issues and child support. She is known for her integrity, honesty, creativity, and feisty, unrelenting nature when advocating for her clients.
If you or someone you know has a question about guardian ad litems, contact Fleischer Law Solutions, PLLC to schedule a consultation.