Q's about Guardian Ad Litem
I understand the GAL is the "eyes and ears of the court" and is to recommend what he/she believes is in the best interest of the child in a custody dispute or modification.
But here are some things I was wondering...
When both BM and BF meet separately with the GAL to be interviewed by them, are they allowed to bring up and show evidence to the GAL that expresses their concerns about the current arrangement, shows why they are seeking the modification, evidence that may show why a psychological exam may be a good idea (yes, I know if 1 parent gets one, the other has to as well) or evidence that may disprove what the other parent claims or denies to the GAL when they meet with them?
I'm just wondering how in depth the GALs go with the parents and if presenting evidence to them is allowed. Or does the GAL simply interview them with questionos they have and do observervations etc?
When I'm asking if "evidence" can be presented to them GAL, I mean showing them pictures that have been obtained of the other parent showing concern, social network website information/posts that have been made by the other parent showing concern, recorded phone calls, emails between the parents, text messages between the parents, and personal documentation of things when they happened.
I'd say if the emails, pics,
I'd say if the emails, pics, texts, etc concern the children, then yes, the GAL might want to see/read them. If it's all crap that would be used against the ex then your GAL might not want to have the case get cluttered with mud slinging.
I am a GAL. I am an
I am a GAL.
I am an attorney.
Any evidence you have should be presented in court, if it is admissible. But if the GAL comes to visit and asks about your concerns, you could always say, we have some documents that support our concerns, would you like to see them? Don't push the GAL on this - if he/she wants to see them, they will carry that further; if they don't, it is because as attorneys we don't look at "evidence" the same way you do. Some things are not admissible as proofs (talk to your attorney) even if you are very sure they "prove" your side of things.
Instead of focusing too much on "evidence" for your GAL, focus on what the GAL asks of you, and how to show him/her that you are good parents, with a good home, and healthy relationships between you and the kids in question as well as you and your spouse, and as much as is practicable, you and the other parent too - we want to see at least one parent working to keep the kids' relationships with BOTH sides healthy and available. We want to see not "perfect" homes but homes where kids are valued, and where the parent (and step if applicable) doesn't seek to put blame on the other parent, or focus on the past of their marriage/divorce/unmarried relationship to that party. We don't really care why your marriage broke up and we for sure don't want to hear either parent focus on demonizing the non-present parent. Look for ways to show the GAL how healthy you actually are, not how unhealthy the other party is. We are trained already to spot that - but if you spend too much time on "evidence" about the other person, you are coloring yourself in an equally bad light.
Good luck in making a good situation for your kids with BOTH of their parents.
If you focus on the
If you focus on the "evidence" you think is evidence you may just end up looking like you are on a mission - a personal vendetta even - since much of what a non-legal professional thinks is "evidence" is not even admissible...
Let the GAL do her/his job. They know what they are doing. Your assessment of what they should know isn't really valuable.
Thank you very much Ladies! I
Thank you very much Ladies! I appreciate it greatly.
I guess I'm lost on how the
I guess I'm lost on how the whole process works and don't know when "evidence" is needed or how and to whom it is presented to. I don't know where and when in a court proceeding it comes into play.
I fear if the GAL makes their recommendation simply based off interviews with both parents and both homes and the Judge agrees with it without seeing or hearing anything else or "evidence", DH will be "screwed" for lack of a better word in court and it trying to attain the outcome he is hoping for.
I pray DH's child gets assigned a GAL who is good at seeing through lies and facades.
The gal in Dh's case is
The gal in Dh's case is favoring his side and shared his opinion way more than what gals usually do(he even said so himself). Any experiences where the judge either agreed or disagreed with the gal?
A GAL has a Thread going "I'm
A GAL has a Thread going "I'm your GAL" soliciting questions. I think its under the first forum.