When I have consulted people on their divorces or other family law situations, many of the people I have talked with have never heard of a Guardian-Ad-Litem (GAL). Furthermore, most of my clients have no idea about what the presence of a GAL might mean to their divorce or family law case.
A GAL is typically a court-appointed, third-party-neutral who looks out for the best interests of children who may be embroiled a divorce, paternity, custody, or other family law case. The GAL does not represent either the petitioner or the respondent. This means that, in a divorce case, the GAL will not side with the husband or the wife and their wishes about who should have custody of the children. Instead, the GAL will talk with all parties – especially the children – and make a report to the court about the investigation.
The GAL will usually have recommendations for the court based on the investigation. The GAL will include all of his or her findings in a report to the court. The report will be mailed to all parties and their attorneys.
The report will include things like the interview with the parents. It will likely discuss what the parent’s homes looked like, their jobs, their behaviour around the children, and the children’s reaction to being in each parent’s care. Based on the investigation and what the GAL observes, the GAL will typically make a recommendation about which parent should have custody, parenting-time, and/or visitation.
It is important to remember that the court doesn’t have to adopt the GAL’s findings. The court has discretion over all matters related to the divorce – especially custody of the children. As I discussed in a prior post, the court makes decisions about custody based on the best interests of the children. The best interest factors are clearly enumerated by law and the judge must make a decision based on the factors and all other information provided to the court – including the GAL report or investigation.
A good divorce lawyer will explain the significance of the GAL report too you and your family. The lawyer will explain what you can expect throughout the process, how to interact with the GAL, and what the court will do after a GAL investigation is complete. The lawyer will likely have been through the process many times with his clients. The lawyers often know the GAL because they have worked with the GAL many times, on many different cases.
One key item that I explain to all my clients is that they need to treat the GAL with the utmost respect. They need to be honest and open with the process. Having somebody come into your home and peer into your life is not easy. But, when you are getting a divorce, that is exactly what you have asked the court to do – come into your life and make decisions based on what the judge observes. Of course, if necessary, evidentiary hearings or divorce trials can be requested by either party. The GAL is also an important witness in your case (and could also be a bad witness depending on the contents of the report and investigation).
So, talk with your Dakota County divorce lawyer, get a feel for the situation, and learn as much as you can about the GAL process. Don’t worry, just be honest. It is obvious to others when you are doing good and when you are not. A GAL is trained in working with families and he or she will know when somebody is not telling the truth. As I tell all my clients, honesty is the best policy.
This post was written by Joseph M. Flanders of Flanders Law Firm.
Comments