Guardian ad Litem in Custody Battles
It is not uncommon for the court to appoint a guardian ad litem (GAL) during contentious custody battles. A GAL is an independent party with the task of protecting and advocating for your child’s best interests. Black’s Law Dictionary defines a GAL as “a guardian, usually a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.”
Role of a Guardian ad Litem in Virginia
In Virginia, Rule 8:6 of the Rules of the Supreme Court of Virginia sets forth the role of a GAL:
“The role of counsel for a child is the representation of the child’s legitimate interests. When appointed for a child, the guardian ad litem shall vigorously represent the child, fully protecting the child’s interest and welfare. The guardian ad litem shall advise the court of the wishes of the child in any case where the wishes of the child conflict with the opinion of the guardian ad litem as to what is in the child’s interest and welfare.”
Responsibilities of a Guardian ad Litem
Outside of this mandate, GALs are free to do whatever they feel is necessary to protect your child’s best interests. This typically includes:
- Meeting with you and your child’s other parent
- Meeting with the child
- Contacting your child’s teachers, therapists, coaches, and doctors to obtain an understanding of what is going on in your child’s life
- Reviewing relevant records of your child, such as medical records, school records, and court documents
Moreover, GALs are permitted to and frequently do conduct home studies. This means that the GAL can come to your home, observe the environment, and draft a report indicating the home conditions and how they impact your child’s health, safety, and welfare.
Building a Positive Relationship with the GAL
It is extremely important to form an amicable or cordial relationship with the GAL in your custody case. Make sure to:
- Contact the GAL regularly and keep him or her apprised of what is happening in your child’s life, which shows the GAL that you are concerned and taking an active role in the process.
- Remain courteous and truthful in your interviews and conversations with the GAL.
- Avoid bashing or trash-talking the other parent involved in your custody battle.
Remember, you are always under observation when the GAL is around, and you want to avoid doing or saying anything that will hurt your custody case.
Additionally, you always want to copy the GAL on any and all court documents in your case (pleadings, motions, etc.). The GAL is also free to file pleadings and motions on your child’s behalf.
GAL’s Report and Recommendations
After the GAL has conducted a home study, home visits, and had the opportunity to interview parents, teachers, doctors, etc., the GAL will report to the judge on their findings and observations, and will provide recommendations. Sometimes the GAL will compose a written report, but often the GAL will give an oral report to the judge in court during your custody case. Once the GAL has concluded, the judge and your attorney will have the opportunity to question the GAL on their recommendations and basis for their opinions.
It should be noted that the GAL’s opinions and recommendations can carry a great deal of weight in any custody battle. This is particularly true in a highly contentious custody case where you are enmeshed in a “he said,” “she said” cycle with your child’s other parent.
Seeking Legal Assistance
If you are involved in a custody battle, whether a GAL is appointed or not, you should always hire an independent family law attorney who knows the law in your jurisdiction and who will fight for your rights. The knowledgeable family lawyers at the DiPietro Family Law Group have decades of experience representing clients in all types of family law matters, and we are here to help you. Call us today for a consultation at (888) 530-4374 or contact us online.
