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Guardian ad Litem

A Guardian Ad Litem May Help

A Guardian Ad Litem, (“GAL”) is a third-party professional who represents the child. GALs are typically social workers, attorneys, or volunteers with the CASA program. Many counties have a GAL registry. To be on the registry, the GAL must take an extensive, step-approved training course. After passing the course, they must keep their certification current with additional training.

The GAL’s authority and behavior is governed by a highly detailed set of rules and procedures, established by statute and regulation.

Typically the GAL will begin her/his investigation by sending each party a questionnaire. A thorough investigation includes: 1) a visit to each home, primarily to observe the parties interacting with the children, but also to determine whether the home is safe and appropriate for the child, 2) one or more in-person interview with each parent and a series of follow-up phone interviews, 3) Phone interviews with collateral witnesses provided by each party, and 4) a records search, including a state patrol criminal background check.

The GAL may also recommend or require the parties to undergo psychological evaluations. If there are allegations of domestic violence or drug and/or alcohol abuse, the GAL should also require or recommend that the parties be assessed by qualified specialists.

Once the GAL collects all appropriate information, she needs to synthesize it, and issue a report. The report should recommend a parenting plan, and, if appropriate, a course of treatment designed to address whatever parenting deficiencies she may have discovered.

Although the court is not bound by the GAL’s report, it will take the report very seriously. Indeed, courts tend to recommend whatever the GAL recommended.

Clients need to be very polite and responsive to all inquiries from the GAL. They also need to consult with their lawyers before talking to the GAL. The GAL report and testimony will probably be the single-most important piece of evidence in a given case.








Copyright © 2011 The Law Offices of O. Yale Lewis III offer legal advice and representation in the following practice areas: family law,
Indian law, adoption and custody law, Indian marriage law, Indian laws for divorce, federal Indian law, and American Indian law.

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