What Not to Say to a Guardian Ad Litem: Dos & Dont's

• Why a guardian ad litem might be involved
• A guardian ad litem’s primary goal
• Positive things you might say to a guardian ad litem
• Things to avoid saying to a guardian ad litem

In divorce cases that involve minor children, the involvement of a guardian ad litem (GAL) is not uncommon. This legal representative plays a crucial role in advocating for the well-being and best interests of the child or children involved.

But interacting with a GAL can be a daunting experience, especially if you're unsure what to say or not to say. Before we give advice on that, let’s explore why a guardian ad litem might be involved in your divorce process.

Why a guardian ad litem might be involved in your divorce

A GAL might be involved in a divorce case if there are concerns about a child’s well-being or if there is a custody dispute.

The role of a guardian ad litem is to investigate and make recommendations to the judge about the child's living arrangements, schooling, and other pertinent issues.

Here are a couple of reasons why a GAL may be appointed beyond a simple requirement:

A high-conflict divorce

A GAL might be appointed in a divorce case where the parents are unable to agree on custody arrangements or visitation rights. In this situation, the GAL would investigate and provide an unbiased perspective to the court about what arrangement would serve the child's best interests.

There are allegations of abuse or neglect

If there are allegations of physical or emotional abuse, neglect, or domestic violence within the family, a GAL may be appointed. Their role is to investigate these claims thoroughly and make sure the child's safety is prioritized in any court decisions.

There is parental substance abuse

If one or both parents struggle with substance abuse issues, the court may appoint a GAL. The GAL will assess the situation and make recommendations which could include supervised parenting time or even a recommendation that the child live with a different family member, if the parental home is deemed unsafe.

It's important to remember, though, that while judges often give considerable weight to the GAL's recommendations, they are not obligated to follow them. The final decision rests solely with the judge.

A guardian ad litem’s primary goal

The GAL's primary goal is to look out for the best interests of the child. This phrase, while commonly used, can often be misunderstood. It means the GAL is tasked with ensuring that the child's safety, happiness, mental health, and overall well-being are prioritized above all else.

This may include home visits to evaluate the child's living conditions and scrutiny of each parent’s ability to provide care.

Positive things you might say to a guardian ad litem

When communicating with a GAL, there are certain things you should aim to convey.

First, show your willingness to cooperate. The GAL is there to help your child, and they need your assistance to do so. Transparency is also key. Be open about your situation, your hopes, and your fears. This openness not only helps the GAL understand your perspective but also demonstrates your commitment to your child's welfare.

Focus on expressing your love and concern for your child rather than dwelling on your grievances with your ex-spouse. Show that you are invested in your child's future and are willing to make sacrifices for their happiness and well-being. Discuss any steps you have taken to improve your child's situation, such as attending parenting classes or making changes to your home environment.

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Things to avoid saying to a guardian ad litem

Resist the urge to make negative comments about your ex-spouse. While it's important to be honest about any concerns you have, focusing too much on your ex's faults can make you appear vindictive and uncooperative. Remember, the GAL's job is not to pick sides between parents; it is to advocate for the child.

Another pitfall to avoid is withholding information from the GAL. Even if you feel certain details are unimportant or embarrassing, it's crucial to provide a complete picture. Withholding information could lead to misinterpretations and potential harm to your case.

Hello Divorce is committed to helping divorcing couples not only survive but thrive after divorce. If you’re dealing with a tough child custody case, worried about a court-appointed GAL, or simply want some legal advice, we’re here for you. You can schedule a free 15-minute phone call to learn more, or head to our services page to get more details about our offerings and pricing.