Learn what questions to ask a guardian ad litem to ensure that your interests are being properly represented.
What is a Guardian Ad Litem?
A Guardian ad Litem is defined as, “a Court appointed investigator who, in matters of child custody disputes, is a professional with a mental health background or legal training and/or both. The guardian ad litem acts in a neutral fashion, as an extension of the Court, to interview, review documents and report to the court as to the family dynamics surrounding the current dispute. To the extent one parent admits to the guardian ad litem that they willfully interfered with the other parent’s custodial time, that statement will be memorialized in the final guardian ad litem Report and used as an exhibit at Trial.”
Will I Need a Guardian Ad Litem?
Depending on the nature of your divorce, you may need to involve a guardian ad litem in the process. A guardian ad litem, or GAL, may be brought in if your divorce situation has one of the following:
- high conflict custody dispute
- concerns about a parent’s mental health
- concerns about a parent’s neglect or substance abuse
- a child with special needs
- disputes about relocation
- allegations of parental alienation
- the child or parent’s well-being does not seem to be properly represented (this could be due to language barriers or other limitations)
What does a GAL do?
Once assigned, the GAL may:
- Interview you, your child(ren), your child(ren)’s teachers, therapists, and other relevant adults
- Observe your parenting time
- Review your child(ren)’s school and medical records
- File a written report with recommendations on custody, visitation, and parenting issues
- Testify in court
Prepare to meet with your GAL
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What Questions Should I Ask a GAL?
It is important to ask the guardian ad litem (GAL) relevant questions to ensure your interests and the interests of your child(ren) are properly represented. Some initial questions you may want to consider asking include:
- What is your role as GAL, and what authority do you have in making recommendations or decisions regarding custody and visitation?
- What information will you need from me?
- How will you gather this information?
- Can you explain the investigation process?
- How long do you anticipate the process will take?
- How do you conduct your investigations?
- Who do you usually interview during your evaluations?
- To what extent do you consider the child’s preferences?
- What should I do if I believe something important is being overlooked?
Looking for more information on the GAL process, check out this article on What to Expect with a GAL Investigation.
