If you’re facing a battle for custody, visitation, or other placement of your children, you’re likely working hard to prepare for your day in court: creating records, collecting documents, and mentally preparing yourself to talk to a judge. Amidst all of this important work, don’t forget a critical step in a successful custody case: working well with the GAL on the case.
This article will cover what a GAL does and how to work with them to the benefit of your case.
GAL stands for “Guardian ad Litem.” These people are considered guardians of the child’s best interests in court. They are attorneys with special training in working with children whose job is to investigate the possible options for custody, visitation, and placement of a child, and then to make a recommendation to the judge of what would be best for the child, as determined by factors laid out here*. As lawyers, they have the authority to file motions in court for any sort of relief that they think their child clients need, but they are not lawyers for either side of a case and will not give legal advice to any party. The GAL will not take on any sort of custodial or supervisory role over the child themselves. Here in the New River Valley, a GAL’s work is subject to rigorous oversight by the judges who preside over custody and visitation cases.
How do you work with a GAL if one is appointed in your case?
1) Maintain good contact. The GAL will want to touch base with your attorney before they speak with you directly, but once that is done, they set up a meeting with you in their office or your home, or both. Make sure you are responsive and remember to inform the GAL if your telephone number or address changes, particularly since they will likely need to do a new home visit if you move.
2) Prepare your child. The GAL must meet your child and will talk to them about the case, in terms appropriate for their age. They will likely ask to speak privately to your child to ensure the candor of her response. Make sure your child is prepared to meet this new person and talk to him alone, but do not let your anxiety about the outcome of the case spill over into the way you explain the GAL’s role. Your child should be made to understand that the GAL is a friend who is there to determine the best way to keep her happy and healthy. DO NOT frighten your child that he might be “taken away” if he says the wrong thing to the GAL and does not attempt to coach your child on what to say. Coached responses send up red flags for a GAL.
3) Prepare your home. This step is so much simpler than most people think. A clean home is nice, but the GAL is not interested in vacuum tracks on the carpet. Nor will you “lose points” if the breakfast dishes are still in the sink. Your home should be sanitary, safe, and appropriately furnished for your family. Finish the childproofing you already have in place to protect young children. Clear out any clutter that would prevent the GAL from gaining access to any part of your home. Keep medications safely out of reach from children, but make sure that any habit-forming medication is available if the GAL needs to do a pill count.
4) Prepare yourself. The GAL will want to know about the circumstances that brought you to court, and you should try to give the most objective explanation possible. You should tell the GAL about the strengths of your household as a home for your child, and any concerns you have about the other household, but remember that the goal of the case is to serve the child’s best interests. The GAL does not base her determination on what is “fair” for the adults in the case, and you can damage your own case if you appear to be “keeping score” against the other party, or worse, alienating a child from a fit parent who loves them and takes good care of them. Try as hard as you can to provide facts instead of opinion.
Because you love your child and want what’s best for her, your fundamental goal aligns with the GAL’s mission. Courteous involvement in your GAL’s investigation will be appreciated and can gain you an ally in the courtroom.
*Learn more about the Virginia code HERE
 | Courtney Roberts is an experienced attorney available to speak with you about concerns relating to separation, divorce, custody, child and spousal support and a range of criminal defense services. Learn more at http://newriverlaw.com/ or by calling 540-951-8329. |
You might also enjoy reading The Smart Start to A Divorce |
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