What is the Role of a Guardian ad Litem

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A guardian ad litem is a court appointed advocate that looks out for the best interests of the children. This is because kids are often too young to be able to look out for themselves,

What does a Guardian ad Litem do?

In other words, GAL’s are like the eyes and ears of the judge because they can actually go into your home, talk to the parents, talk to the doctors, and talk to the teachers to get a whole picture as to what is going on in your kids lives. After they do this investigation, they create a report of their findings and make recommendations as to custody and parenting time. The judge is not bound to follow their recommendations but they can be strong evidence in a divorce or custody case.

Why have a Guardian ad Litem appointed?

So why should someone have a GAL appointed? Sometimes the Courts appoint one automatically, like in certain Department of Child Services cases. Other times the parties request one in abuse or neglect cases because your kids are too young to speak for themselves. Courts also do not allow hearsay, so you cannot go to a trial and tell the judge what your kid told you. When you have hearsay evidence, a guardian ad litem can be useful because they can talk to your child directly and then report the information to the Court.

Tips for Working with the Guardian ad Litem

Since a GAL report is important to your case, you want to be sure you make a good impression and put your best foot forward. Here are some tips for working with a guardian ad litem:

  • Make yourself readily available for appointments with the GAL

  • Dress nice and appropriately for your appointments with the GAL

  • Listen to questions that the GAL is asking and answer them directly and to the point. If you don’t understand the question, ask them to clarify.

  • If you are asked to provide documents or information to the GAL, do so as promptly as possible.

  • If you give the GAL contact information for people they should contact as a part of their report, be sure to contact those people in advance so they can be prepared to speak to the GAL

  • Arrive on time for all meetings you have with the GAL

  • If the GAL is meeting with you and your children, plan the timing of the meeting for a good time for the children so they are not overly tired or hungry. Behave as normally as possible in this situation, focusing on the children’s interest or needs.

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