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What Not to Say to Your Guardian ad Litem

Posted by LEISA WINTZ | Aug 22, 2023 | 0 Comments

A photo of a child holding an adult's hand

Navigating the intricacies of family law can be a challenging journey, especially when it involves child custody disputes and the presence of a guardian ad litem (GAL). A GAL plays a crucial role in advocating for the best interests of the child during legal proceedings. If you find yourself in such a situation, it's essential to understand how to communicate effectively and avoid common pitfalls. In this article, we'll delve into the role of a guardian ad litem, the significance of your interactions with them, and the things you should never say to a guardian ad litem.

Understanding the Guardian ad Litem

A guardian ad litem, often referred to as a GAL, is a court-appointed representative who acts as the voice for the child in legal matters. Their primary responsibility is to gather information, investigate the circumstances, and provide recommendations to the court regarding the child's best interests. This impartial third party assesses various factors, such as living conditions, relationships, and emotional well-being, to ensure that the court makes informed decisions that prioritize the child's welfare.

Duration of a Guardian ad Litem Investigation

The duration of a guardian ad litem investigation can vary based on factors such as the complexity of the case, the cooperation of the parties involved, and court schedules. While some investigations may conclude within a few months, others might take longer to ensure a thorough assessment.

What Not to Say to a Guardian ad Litem

  • Don't Make Excuses for Your Past Mistakes: While it's natural to want to explain your actions, making excuses for past mistakes can undermine your credibility. Instead, take responsibility for your actions and focus on the steps you've taken to improve the situation.
  • Avoid Negative Comments About the Other Parent: Criticizing or badmouthing the other parent can reflect poorly on you. Keep your comments objective and focused on the child's well-being.
  • Refrain from Manipulating or Misleading: Being honest and transparent is crucial when interacting with a guardian ad litem. Attempting to manipulate or mislead them can harm your case and credibility.
  • Don't Disregard Their Recommendations: If the guardian ad litem makes recommendations based on their investigation, take them seriously. Ignoring their input could raise concerns about your willingness to cooperate and prioritize the child's needs.
  • Avoid Discussing Legal Strategy: Guardian ad litems are not legal advisors. Refrain from discussing your legal strategy or asking for legal advice. Stick to providing relevant information about your relationship with the child and your ability to care for their well-being.

The GAL's Role

It's important to recognize that a GAL's role is to advocate for the child's best interests. They are not aligned with either parent's side but are dedicated to ensuring the child's welfare. While they may interact with both parties and gather information from various sources, their primary focus is on assessing the child's safety, stability, and emotional well-being.

Recognizing a GAL's Recommendations

Judges often consider the recommendations of a GAL when making custody decisions. However, it's essential to remember that judges are not bound by these recommendations. The extent to which a judge agrees with a GAL's suggestions can vary based on the case's unique circumstances.

Guardian ad Litem Home Visit Checklist

During the investigation process, a GAL may conduct a home visit to assess the living conditions. To prepare for this visit, consider the following checklist:

  • Ensure a clean and safe living environment.
  • Have age-appropriate toys and items for the child.
  • Provide a welcoming and child-friendly atmosphere.
  • Be prepared to answer questions about the child's daily routine, activities, and school.

When interacting with a guardian ad litem, honesty, transparency, and cooperation are key. By avoiding the common pitfalls mentioned above and understanding their role, you can present yourself as a responsible and caring parent who prioritizes their child's well-being. Remember that a guardian ad litem's recommendations carry weight but are only one aspect that the court considers. If you find yourself facing challenges during this process, seeking guidance from a family law attorney can provide you with valuable insights and support to navigate this sensitive terrain. At Family Matters, we're dedicated to helping you achieve the best possible outcome for your case. Contact us today to schedule a consultation and ensure that your voice is heard throughout the legal process.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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