Guardian ad Litems (GAL) have a significant role in the\nmodern family law arena. It can be somewhat shocking for a parent going through\ndivorce or custody proceedings to find out that a GAL has been appointed. It\u2019s\nunderstandable to wonder why a Guardian Ad Litem (GAL) is being appointed to\nyour case and what his or her role is. So, here are a few tips about a GAL\u2019s\nrole and how to work with a GAL on your case.<\/p>\n\n\n\n
Missouri Law requires the appointment of a GAL in family law\ncases where there are allegations of abuse or neglect of a child. A GAL may\nbe appointed in family law matters that do not involve abuse or neglect. Some\nexamples of when a GAL may be appointed are when parents are having trouble\ncommunicating or co-parenting with each other, or if parents cannot agree on a\nmajor decision the needs to be made for the child. In these situations, a GAL\u2019s\nrole is to investigate the case and present a recommendation to the court\nregarding the best interests of the child.<\/p>\n\n\n\n
A common stereotype is that a GAL is \u201can attorney for the\nchild.\u201d This is not completely true. It is correct that an experienced family\nlaw attorney is typically appointed as a GAL. However, a GAL does not keep most\ncommunications confidential, nor is the GAL required to follow the exact wishes\nof the child when making a recommendation. Ultimately, the GAL will provide his\nor her recommendation to the parents, attorneys, and\/or Judge, which could be\nregarding a specific, narrow issue, or something as broad as a parenting plan.\nThe GAL will consider most factors, if not all, that are outlined under\nMissouri law when making a recommendation. <\/p>\n\n\n\n
It is important for parents to work with, not against, a\nGAL. That said, it is not easy for parents to work with someone who is\nevaluating their parenting from an outside perspective. Parents must remember\nthat a GAL\u2019s focus on the best interests of the child and not on the legal\nposition of the parent. A GAL will certainly consider a parent\u2019s perspective\nduring their investigation. However, the child\u2019s interests and the parent\u2019s\ninterests are not always identical, especially in emotional or contested\nsituations. Therefore, here are some tips on how to work with a GAL on your case:<\/p>\n\n\n\n
1) Be patient \u2013 GAL\u2019s are not assigned to your case\nonly. An experienced GAL\u2019s typically have 10-40 cases going on at once. A\nparent needs to understand that it is their \u201cjob\u201d to be available for the GAL,\nnot the other way around. <\/p>\n\n\n\n
2) Understand a GAL\u2019s Perspective \u2013\nA GAL is a neutral third party who usually has significant experience in family\nlaw cases. He or she will be conducting informal investigations and then making\na legal recommendation. Therefore, a GAL\u2019s recommendation could be based on factors\nthat hold more legal \u201cweight\u201d than other factors. Additionally, a GAL will put\nmore weight on evidence rather than unverified allegations. <\/p>\n\n\n\n
3) Be Respectful \u2013 I can\u2019t\nemphasize this enough; a GAL does not work for you. A GAL does not work\nfor the other parent either. GAL\u2019s work for a child\u2019s best interest under\nMissouri law and public policy. This means that a GAL\u2019s position will not\nalways fall completely in line with your position. However, this does not mean\nthat the GAL will always disagree with you.<\/p>\n\n\n\n
4) Assist the GAL\u2019s investigation \u2013\nWork with your attorney to fully brief a GAL on your position. A GAL should\nalways be aware of what is happening in the case. This means to make documents,\ncommunications, or other forms of evidence available to the GAL for his or her\nfile. A GAL will be able to make a more\ncomplete investigation which could help you in the long run.<\/p>\n\n\n\n
In conclusion, parents should know that GALs are an\nimportant part of family law. GALs assist Judges with their overwhelming family\nlaw dockets by providing insight into the particulars of a case. This allows Judges\nto be more informed about their cases. Therefore, parents should always speak\nwith their attorneys about the possibility of a GAL being appointed to their\ncase and what to expect moving forward.<\/p>\n","protected":false},"excerpt":{"rendered":"
Guardian ad Litems (GAL) have a significant role in the modern family law arena. It can be somewhat shocking for a parent going through divorce or custody proceedings to find out that a GAL has been appointed. It\u2019s understandable to wonder why a Guardian Ad Litem (GAL) is being appointed to your case and what<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-812","post","type-post","status-publish","format-standard","hentry","category-blog"],"yoast_head":"\n