Fall 2009 - Atlanta - Divorce Lawyer - Family Law - Atlanta Georgia

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Confessions of aGuardian Ad Litem —Guardian ad Litem FAQ’sby M. Debra Golddebbie@mdgoldlaw.comIt seems like every case I become involvedin as Guardian ad Litem (GAL), theparties have questions about me, myrole, their roles and anything else thatcrosses their minds. I know the attorneys havealready explained everything to them, yet thequestions keep coming my way. It is thereforenot a surprise that my confession for this issueis that sometimes I feel like a broken record,repeating the same answers over and overagain. Accordingly, I reduced the answersto the most frequently asked questions towriting. As I have done in past issues, I inviteyou to share this article with your clients so asto enhance their understanding of who I andmy fellow GAL’s are and what we do.• What is a GAL in custody disputes?A GAL is a duly trained and qualifiedexpert who is appointed by the judge in casesinvolving custody of children, includingdivorce, modification of custody or visitationand legitimation. The GAL represents thebest interests of the children and is appointedto assist the Court in reaching a decision asto what is in the children’s best interests.Although the GAL is not always an attorney,in Georgia this is the general rule. However,since the GAL does not represent the father orthe mother, he or she cannot give legal adviceto either party.• How is the GAL appointed?The GAL is appointed by way of anorder signed by the judge which sets outthe GAL’s role, responsibilities, rights andcompensation. Usually the attorneys willagree on a GAL. However, if the parties areunable to agree upon a GAL, some judgeswill appoint one from their own lists ofqualified GAL’s. Other judges will utilizeservices available in their counties whichprovide qualified GAL’s for appointment.• What will the GAL do?The GAL will perform a full investigationinto all child-related issues involved in the caseand make a recommendation to the judge asto what is in the best interests of the children.Every GAL has his or her own proceduresFrequently Asked QuestionsWhat is a GAL in custody disputes?How is the GAL appointed?What will the GAL do?How can I convince the GAL that I should win the case?Will the GAL keep the things I say confidential? What will the GAL say to my children and how should I prepare them?Will the GAL help to settle the case?If I do not agree with the GAL’s recommendation, am I stuck with it or can I contest it?Who pays for the GAL?36Fall 2009
and means of obtaining information and investigatingthe facts. You can expect that the GAL will likely visityour home and meet with your children. The GAL willalso probably speak with witnesses including teachers,doctors, friends, neighbors, relatives and other peoplewho can shed light on the case. The GAL has the right torequest and review records related to the child, includingmedical, psychological, school and Department of Familyand Children Services records. The GAL also has the rightto request that the parties and/or the children undergoa medical or mental health examination. In addition it islikely that the GAL will participate in all legal proceedingsconcerning the children including hearings, depositions,mediation and final trial.• How can I convince the GAL that I should win the case?Firstly, we must remember that there are no “winners”in custody litigation. The proper question is “What canI do to show the GAL what is in the best interests of mychildren?” The answer is that you should be yourself, tellthe truth, be cooperative and always place your children’sneeds ahead of your own. Sometimes that can be easier saidthan done. It is normal to go to extra lengths to impress theGAL. However, don’t fool yourself. The GAL will get to thebottom of things and will be able to see the truth regardlessof how well you sugar coat it. If you act with integrity, youwill shine.• Will the GAL keep the things I say confidential?The GAL has no duty of confidentiality and in fact has aduty to disclose those facts that he or she relies upon whenmaking a recommendation to the judge. The GAL’s rightto obtain confidential information regarding a party (i.e.,medical and mental health records) is conditioned uponthe party signing a release allowing the GAL access to theinformation. While you do not have to sign the release,unless there is a good reason to keep your records or anyother information from the GAL, it is usually wise to do so.Otherwise, the GAL will think you are hiding somethingand may go to greater lengths to find out information inother ways. Remember, the truth generally prevails. If yougo ahead and own up to your shortcomings and issues upfront, they may not have as bad an effect on your case asyou thought they would. Talk to your attorney about howyou should handle this issue.• What will the GAL say to my children and how should Iprepare them?So much depends on the GAL appointed, the agesof the children and other facts and circumstancessurrounding the case. Sometimes the GAL will onlyobserve the children or play with them. In other cases,usually those with older children, it may be appropriatefor the GAL to talk with the children about some of theissues or the family situation in general. You should discussthis with your attorney and the GAL prior to him or hermeeting with your children so you will know how youshould prepare the children and introduce them to theGAL. In no case, however, should you tell the childrenwhat they should or should not say to the GAL.• Will the GAL help to settle the case?Unless the parties otherwise agree, the GAL will likelyparticipate in mediation and settlement negotiations.It is the GAL’s goal to reach a final disposition of yourcase with as little disruption to the children as possible.Thus the GAL will be supportive of your settling thecase. However, although it is not a common thing to do,the GAL has authority to object to a settlement if he orshe believes that the settlement will not further the bestinterests of the children.• If I do not agree with the GAL’s recommendation, am Istuck with it or can I contest it?You have the right to contest the GAL’srecommendations but it is not always wise to do so.Generally, upon the completion of the GAL’s investigation,if the case does not settle, the GAL will write a reportdetailing his or her findings and recommendations.The GAL will also likely testify at your trial. The judgewill consider the GAL’s report and testimony in makinghis or her decision, but may or may not adopt therecommendations, as the judge is required to use his or herown independent discretion and judgment in making adecision. You should discuss with your attorney whether itis advisable to contest the GAL’s recommendation and howyou should do so.• Who pays for the GAL?In some cases, usually when the parties are in financialneed, the courts will appoint volunteer GALs. However, inmost cases the GAL is compensated by the parties. Unlessthe facts and circumstances indicate otherwise, the partieswill generally be required to pay for one-half of the GALfees and they may be required to pay a retainer. The partiesshould be aware that the costs for a GAL can run into agreat deal of money, particularly if they or their attorneysdo not cooperate or insist on monopolizing the GALs time.Most attorneys agree, however, that this is money wellspent because a GAL can generally cut to the chase, gostraight to the facts and facilitate a final disposition whichis truly in the best interests of your children. FLRM. Debra GoldGuardian ad Litemmdgoldlaw@aol.comGold regularly serves as a Guardian ad Litemthroughout Georgia and has done so since1991.The Family Law Review 37Fall 2009
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Fall 2009 - Atlanta - Divorce Lawyer - Family Law - Atlanta Georgia

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