Guardians Ad Litem (GAL) in Virginia

When going through a custody and visitation case; whether it is part of a divorce or not, the court will generally appoint what is called a Guardian ad Litem (GAL).

A Guardian Ad Litem (GAL) is an attorney who is appointed by the court to represent the interests of a child or incapacitated person. This person is an attorney who has taken special training and is being assigned to represent the best interest of your children.

The GAL, at the end of the case, will make a recommendation on who the best parent is and what they believe is in the best interest of the children. The GAL will conduct an investigation and provide independent recommendations to the court about the client’s best interests as well as inform the court about the client’s wishes. In order to determine the best interests of the client, the GAL will conduct interviews with relevant witnesses and parties, observe the client’s interactions with others, and make reports to the court based on their findings.

It is fair to say that the court puts a lot of weight on what the GAL recommends.

What Is A Guardians Ad Litem (GAL)?

Section 16.1-266 provides the basis for the appointment of GALs for both children who are before the court as a result of abuse or neglect. The statute calls for the appointment of a “discreet and competent attorney at law.”

In a suit for guardianship or conservatorship of an incapacitated person, a GAL may be appointed pursuant to Section 64.2-2003. Again, the GAL is tasked with conducting an investigation, including visiting the respondent (the person alleged to be incapacitated) and advising them of their rights in the process. If appropriate, the GAL may recommend the court appoint an attorney to represent the respondent directly in the process.

Represent The Interests of The Children

Most commonly, GALs are appointed to represent the interests of children in disputed custody cases. Rule 8:6 of the Rules of the Supreme Court of Virginia defines the roles of counsel and of guardian ad litem when representing children as follows:

The role of counsel for a child is the representation of the child’s legitimate interests. When appointed for a child, the guardian ad litem shall vigorously represent the child, fully protecting the child’s interest and welfare. The guardian ad litem shall advise the court of the wishes of the child in any case where the wishes of the child conflict with the opinion of the guardian ad litem as to what is in the child’s interest and welfare.

Three Main Roles

In custody cases, every GAL takes on three main roles: advocate for the child, investigator, and witness. The GAL can inform the court of matters or issues not presented or argued by either party, allowing the court to have a better picture of the case.

In addition to speaking with the parents and the children involved in the case, the GAL will likely interview the children’s teachers, doctors, therapists, neighbors, or extended family members. The GAL will also conduct a home visit at each parent’s home. Most children will interact more openly and discuss their thoughts or concerns more fully with a GAL at home rather than at the GAL’s office.

A GAL also has an obligation to explain to the child, in terms the child can understand, the nature of the proceedings, developments in the case, and the court’s determination and its meaning. A GAL can be removed or suspended from the appointment list if they do not perform all tasks required of them or adhere to the standards set for GALs.

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Mistakes To Avoid When Dealing With GALs

We frequently see parents make grave mistakes when dealing with GALs, and although these mistakes are understandable, they can be a real negative when it comes time for the recommendation.

Don’t Get Defensive

The first thing we see parents do is get way too defensive with the GAL. It is hard, as a parent, to accept that someone who does not know your child and does not know you is going to be so influential in your child’s future. This GAL is likely going to decide which parent the child is going to live with, which will impact the entire future of your child. This being said, it is important that GALs are human, and if you attack them and say mean things, they are going to have a negative impression of you.

Don’t Be Snobby

The second mistake we see are parents who think they are too good for the GAL. We have been involved in a lot of cases where one parent will refuse to speak with the GAL because he or she believes it’s a waste of time. If you chose to ignore the GAL, they will have no choice but to recommend that the other parent get what she or he is requesting.

Don’t Be Confrontational

The third mistake we see is when one parent claims or points out, that the GAL is not doing his or her job. It is frequently hard to see exactly what the GAL is doing in your case and you may feel like he or she is not doing anything—especially if they start making recommendations against you. You do not want to go to court and tell the judge that you don’t think the GAL is doing a good job—this will not help your case.

Don’t Try to Get the GAL In Trouble

The fourth mistake we see is people requesting to have the GAL removed from a case. While there are instances where it is appropriate for a GAL to be removed from a case, those instances are few and far between. Generally, what happens is that the judge will leave the GAL on the case and you have just made two enemies—the GAL and the judge.

Remember the GAL is Not the Judge

The final mistake we see is one parent giving up if the GAL recommendation is not in his or her favor. Even though the GAL’s recommendation is important, it is not the end all. That means that we still have a chance to overcome a negative recommendation or take steps to mitigate or fix a negative recommendation before the final trial.

Written By Charles HatleyView Profile

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