A Guardian Ad Litem (GAL) is an attorney appointed by the court to represent the interests of a child or incapacitated person. This person is a lawyer who has taken special training and is being assigned to represent the best interest of your children.
The court generally appoints a GAL in custody and visitation case cases.
A Virginia guardian ad litem will conduct an investigation and provide recommendations to the court about the best interests of the party whose interests they have been assigned to represent, as well as inform the court of the wishes of that party.
The court puts a lot of weight on what the GAL recommends. An experienced Virginia family lawyer will help you work with a GAL.
Legal Codes for Guardian Ad Litem in Virginia
Code of Virginia § 16.1-266 provides the basis for the appointment of GALs for 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 Code of Virginia § 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.
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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 outlines the role played by counsel and Guardians Ad Litem during their representation of children. Under this rule, GALs must represent the legitimate interests of the child.
A GAL must protect the child’s interest and welfare while providing them with vigorous representation. If the wishes of the child contrast the opinion of the GAL regarding the child’s best interests, the GAL must inform the court of the child’s wishes.
Three Main Roles
In custody cases, every GAL takes on three main roles:
- Advocate for the child
- Investigator
- Witness
The Guardian Ad Litem 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 is also required to explain the nature of the proceedings, case developments, and the court’s decisions to the child in a manner that the child can understand. If a GAL fails to fulfill their responsibilities or does not meet the established standards, they may be removed or suspended from the appointment list.
Mistakes to Avoid When Dealing With Guardian Ad Litems in Virginia
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
One of the biggest mistakes we see parents make is getting way too defensive with the guardian ad litem. It is hard for 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.
The GAL, in your case, is likely going to decide which parent your child is going to live with, which will impact the entire future of your child. This being said, it is important to remember that GALs are human, and if you attack them and say mean things, they are going to have a negative impression of you.
Be Respectful and Cooperative
Another common mistake is parents assuming they do not need to engage with the GAL. In many cases, we have seen parents refuse to communicate with the GAL, dismissing their involvement as unnecessary.
Ignoring the GAL can lead to unfavorable outcomes, as they may recommend granting the other parent’s requests if they have insufficient information from you. It is crucial to treat the GAL with respect and fully cooperate to ensure your perspective is heard.
Don’t Be Confrontational
The third mistake we see is parents claiming that the GAL is not doing its job. It is frequently hard to see what the GAL is doing in your case, and you may feel like they are 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 type of action will not help your case.
Avoid Unnecessary Conflicts with the GAL
Requesting to remove the GAL from your case is often a misguided approach. While there are rare situations that may warrant a GAL’s removal, these circumstances are uncommon.
In most cases, such a request will be denied, potentially leading to strained relationships with both the GAL and the judge. It is typically in your best interest to work constructively with the GAL rather than attempting to have them removed.
Remember, the Guardian Ad Litem is Not the Judge
The final mistake we see is one parent giving up if the GAL recommendation is not in their favor. Even though the recommendation of a Virginia guardian ad litem 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.
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Receive Guidance on How to Proceed With Your Case by Hiring an Experienced Family Lawyer
If you’re facing a contested custody case and you’ve been appointed a Guardian Ad Litem in Virginia, it’s time to get counsel. The experienced Virginia child custody lawyers at Melone Hatley, P.C., are here to help.
We have divorce and family law attorneys in Virginia Beach, Fairfax, and Reston and serve clients throughout the state of Virginia.
Our philosophy is to provide all of our clients with the highest quality legal representation, innovative legal solutions, and unsurpassed dedication to customer service.
For more information about your case, contact our Client Services Coordinators to schedule a free case review and check out our client testimonials to get a better idea of the services we provide.
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