Utilizing a Guardian ad Litem (GAL) in Custody Cases
Navigating a custody case can be challenging, and involving a Guardian ad Litem (GAL) might be a strategic move to achieve your custody goals, especially when issues such as abuse, neglect, mental health, substance abuse, or alienation are present. This guide provides an overview of the role of a GAL and the potential benefits and drawbacks of their involvement.
What is a Guardian ad Litem (GAL)?
A Guardian ad Litem is a court-appointed advocate whose primary role is to represent the best interests of the child or children involved in custody disputes. They can be a lawyer or a therapist and are responsible for conducting thorough investigations, including:
- Interviews with parents, children, teachers, and other significant individuals.
- Reviews of relevant documents.
- Observations of the child in various environments.
- Reviewing evidence that a judge cannot access due to strict evidentiary rules.
Based on their investigations, the GAL provides the court with a detailed report and recommendations regarding custody and visitation arrangements that best serve the child's needs and welfare. Judges tend to align their decisions with the GAL's recommendations.
Unique Capabilities of a GAL
One of the unique and potentially game-changing aspects of a GAL is their ability to review evidence typically inadmissible in court. This includes:
- Medical records
- Educational documents
- Other sensitive data restricted by privacy laws or evidentiary rules
This expansive access allows the GAL to form a comprehensive and nuanced understanding of the child's situation, leading to deeply informed and tailored recommendations.
Hearsay Waiver
GALs are often granted a hearsay waiver, allowing them to report statements made by the child or other relevant parties during their investigation. This waiver enables the GAL to present important observations and statements that might otherwise be excluded, bringing the child's voice and perspective into the courtroom indirectly through their report.
Reasons to Use a Guardian ad Litem
- Child-Centered Focus: The GAL's sole focus is the child's best interests, providing an unbiased perspective to the court.
- Expertise: GALs are experienced in dealing with cases involving children and skilled at assessing their needs within the family dynamics.
- Evidence Gathering: The GAL's comprehensive investigation can uncover vital information that might not be evident otherwise, potentially reducing discovery costs.
- Voice for the Child: The GAL ensures the child's experiences and needs are considered in court proceedings.
Disadvantages of Having a Guardian ad Litem
- Cost: The cost of a GAL can be substantial and is typically borne by the parents, often split equally or pro rata.
- Loss of Control: Parents might feel they have less control over the case outcome, as the GAL's recommendations can significantly influence the court's decisions. However, we have influence over the selection of the GAL and are familiar with many.
- Potential for Disagreement: You may not agree with the GAL's recommendations, which could introduce additional challenges in our case strategy.
Why chose us:
Leisa Wintz, MS, Esq.: Managing Partner and Guardian ad Litem Leisa is a highly accomplished family law attorney and the Managing Partner of Family Matters Law Group, P.A. With over 18 years of experience serving as a Guardian ad Litem, Leisa blends her extensive legal and therapeutic expertise to offer unparalleled advocacy in family law matters. Leisa is a licensed Florida Family Law Attorney and holds a Master's of Science in Marriage and Family Therapy from Nova Southeastern University. She is a Florida Supreme Court Certified Family Mediator, Parenting Coordinator, and an Active Parenting Certified Parenting Instructor and Trainer.
Leisa has expertise in high-conflict parenting, substancre abuse, domestic violence and mental health treatment. She has trained lawyers and mental health professionals nationwide through numerous speaking engagements on topics such as Domestic Violence, Family Law, and the Role of Therapists and GALs in Family Law at prestigious institutions including Gulf Coast Jewish Family Services, Nova Southeastern University, and Cleveland Clinic. With an excellent reputation and the trust of both clients and the judiciary, Leisa is a formidable advocate for any custody case, ensuring that the child's best interests are always the top priority.
Nazarena Hauser, Esq.: Expert Guardian ad Litem Nazarena is a distinguished family law attorney with a decade of experience serving as a Guardian ad Litem in South Florida. As a Supreme Court-certified family law mediator and former prosecutor, Nazarena brings a unique blend of legal proficiency and investigative skills to each case. Known for her neutrality and thoroughness, she is highly respected by South Florida judges. Her special experience in navigating parenting challenges related to Autism Spectrum Disorder (ASD) sets her apart as an exceptional advocate for children with special needs. Nazarena offers her services on a sliding scale, ensuring that her expertise is accessible to a wide range of clients. With an excellent reputation and the trust of the judiciary, she is an invaluable asset for any custody case.
FOR VIDEOS AND CONTENT ON GUARDIAN AD LITEMS IN FLORIDA, CLICK HERE FOR INSTAGRAM.
