| Copyright (c) 2010 Lucille Uttermohlen | | | | evidence, too quickly gathered. There is good |
| Is hiring a guardian ad litem a good idea in a custody | | | | argument for hiring someone to summarize the facts |
| case? If you had asked me that a year ago, I would | | | | of a case so that the judge can make a decision |
| have given a resounding "yes". Now, I've had an | | | | without listening to hours of often irrelevant, and |
| experience that have caused me to rethink my | | | | many times transparently self serving testimony. |
| opinion. | | | | However, the judge should not set aside his |
| The function of a guardian ad litem, or "GAL" is to | | | | obligations of fairness and rely on evidence produced |
| represent the interests of a person with a legal | | | | out of his presence by someone who has little |
| disability in court. Some appointments take place in | | | | training to understand what she should be trying to |
| divorce cases where the custody of children is at | | | | find out. So, if you are confronted with the choice of |
| issue. Sometimes, a GAL is selected to determine the | | | | hiring a "GAL" to make your custody decision, bear |
| best interests of an adult incompetent. The idea is | | | | the following tips in mind: |
| that the "GAL" can investigate the circumstances of | | | | 1. Find out what procedure he / she will use. To |
| the case, and presumably advise the court in a way | | | | make a good report, she needs to talk to teachers, |
| that will let the judge make a final decision in the | | | | neighbors, friends, doctors and anyone else who has |
| best interests of the incapacitated person. In some | | | | information about the child. She should make a home |
| cases, that is exactly what happens. However, there | | | | visit with both parents when the child is present. She |
| seems to be a trend with judges to rely solely on | | | | should talk to the child, not to ask where he / she |
| what the "GAL" reports, rather than listen to the | | | | wants to live, but to learn about his / her likes, |
| evidence that is presented at the hearing. | | | | dislikes, abilities, and communication skills. Sometimes, |
| I recently had a divorce case where my client had | | | | just finding out what experiences a child has with |
| had temporary custody of her children for over a | | | | each of his / her parents can expose a lot of |
| year. The father continued the final hearing several | | | | information about the family's situation.. |
| times. He did not pay child support. We agreed to the | | | | 2. Find out what training your "GAL" has. If he she |
| appointment of a "GAL". She made a report, stating | | | | has just been awarded a certificate from a two day |
| that the children would be better off with their | | | | course, she isn't really qualified to investigate your |
| father, because their mother had gotten in a fight | | | | situation. If she has had intense training in a related |
| with her boyfriend, and one of the kids had | | | | field, such as family counseling, and has had some |
| overheard her cussing him out. | | | | experience with children's issues, she may be of real |
| The older of the two children was in kindergarten. | | | | assistance in providing the right information to the |
| The father's visitation had originally been scheduled | | | | court. |
| for Monday and Tuesday of each week to | | | | 3. What will her employment cover? Hopefully, it will |
| accommodate his work schedule. He made the little | | | | be her duty to report facts to the court. This is to |
| girl miss kindergarten to have his visit, even though | | | | say she won't make a recommendation. The judge |
| he testified at the trial that his boss would have been | | | | should take her report into account, but it should |
| willing to change his work hours to let his daughter | | | | never relieve the court of the duty to consider all of |
| go to school. | | | | the factors before it before making a custody |
| At the hearing, we disproved most of the things the | | | | decision. |
| "GAL" had found in the father's favor, and except | | | | It is always best if the parents can make child |
| for the yelling boyfriend, almost everything she had | | | | custody decisions between themselves. No other |
| found wrong with the mother. She did not show up | | | | person, no matter how well trained or experienced |
| to defend her report, although I had written to her | | | | can find out all of the subtile details that constitute a |
| several times to ask that she make corrections | | | | child's experiences and needs. However, there are |
| based on documentation I supplied. She did not. | | | | parents who can't communicate effectively, and who |
| The judge awarded child custody to the husband. In | | | | refuse to deal with each other rationally when it |
| his order, he did not address the many things we had | | | | comes to settling the important issues of a divorce. |
| proved at trial in the mother's favor. He did say the | | | | Because of this, court's have to rely on "guardians ad |
| father should have to repay the back support he had | | | | litem and other professionals to obtain some of the |
| neglected, but besides that, it was as if he had slept | | | | information a court should consider in deciding a |
| through the entire hearing, or had let enough time | | | | contested custody case. Hopefully, the person who is |
| pass that he had forgotten everything that was | | | | hired in your case has the training and background to |
| proved. | | | | furnish a fair and honest report to the judge. Before |
| It is an unfortunate fact in our legal system that | | | | you are forced to hire a "GAL", though, you should |
| there are not enough judges to go around. As a | | | | make sure. |
| result, cases are frequently decided on hasty | | | | |