If your custody case is contested, there is a good chance the judge will appoint a guardian ad litem, usually called a GAL. Parents in Roanoke and Salem are often caught off guard by this. Understanding the GAL’s role makes the process far less intimidating.
Who the Guardian ad Litem Is
A guardian ad litem is a lawyer appointed by the court to represent the best interests of your child. The GAL does not represent you or the other parent. The GAL also is not simply a messenger for what the child says he or she wants – the job is to investigate and tell the court what arrangement would serve the child’s best interests.
What a GAL Does
- Meets with the child, often at each parent’s home.
- Interviews both parents and sometimes teachers, counselors, doctors, and relatives.
- Reviews school, medical, and court records.
- Attends hearings, questions witnesses, and makes a recommendation to the judge.
How Much Weight the Recommendation Carries
The judge makes the decision, not the GAL. In practice, though, a well-supported GAL recommendation is influential, because the GAL is the one participant whose only client is the child. Treat every interaction with the GAL as part of your case.
How to Work With a GAL
Return calls promptly. Be honest, including about your own mistakes. Have your home ready for a visit. Offer names of people who have seen you parent, and provide records when asked. Do not coach your child on what to say, and do not use the meeting to attack the other parent – GALs notice both. If your child is older, read our article on when a child’s preference matters in Virginia.
Who Pays for the GAL
The court can assess the cost of the guardian ad litem against the parents, and the amount depends on the time the case requires. Your lawyer can tell you what to expect in the court where your case is pending.
Talk to a Custody Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps families throughout Roanoke, Salem, and the surrounding valley with custody, divorce, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.