If you are involved in a custody dispute, a Georgia family court may appoint a guardian ad litem (GAL). A GAL’s role is to investigate the family’s circumstances and make a recommendation to the judge regarding the children’s best interests.
An Atlanta, GA guardian ad litem lawyer at our firm can advise you on working with the GAL appointed to your case by the family court. When necessary, our family law attorneys can contact the GAL directly to ensure a fair evaluation.
When parents cannot negotiate a custody agreement, the judge must decide where the children will live and how much time they will spend with each parent. The Official Code of Georgia § 19-9-3 requires judges to make their decisions based on the children’s best interests. Our Atlanta, GA attorneys can explain the specific factors family court judges evaluate when making custody decisions.
Each parent will provide evidence supporting their case to be the primary custodial parent, but judges often want an objective opinion. A guardian ad litem is usually an attorney with experience in custody law and special training in family dynamics. A judge can appoint a GAL at their discretion, or either parent can request one.
Despite the name, guardians ad litem do not serve as guardians as most people understand that word. They are observers and investigators. A GAL will get to know the parents and children so they can make an informed recommendation to the family court judge about what living situation would best support the children’s well-being.
Once the family court judge appoints a GAL, they will arrange to meet separately with both parents. The GAL may prefer to initially meet in their office or at the parents’ homes. Our Atlanta, GA attorneys can prepare you for your meeting with the GAL and help you develop a list of questions to ask.
In addition to the initial meeting, the GAL will visit the parents’ homes at least once—they may make several visits, and some could be unannounced. They will meet with each of the children and usually request to meet without the parents present, for example, at the child’s school or another location outside the home.
GALs may also ask to speak to the children’s doctors, therapists, teachers, and extended family members. Depending on the issues before the family court judge, they could request access to your medical and mental health records. A GAL uses the information they collect to write a recommendation to the family court judge about the living situation that, in their opinion, would support the children’s best interests.
A GAL’s visits, questions, and requests for access can seem intrusive. It is critical to understand that a diligent GAL will obtain as much information as they can from as many sources as possible. Doing so enables them to make a considered recommendation supported by evidence.
The Atlanta Divorce Law Group team can help if you feel your family-court-appointed GAL has behaved inappropriately or is biased toward your co-parent. We can speak with the GAL and try to arrange procedures that are not unnecessarily invasive. In extreme cases, we could ask the family court judge to remove and replace a GAL.
In most cases, it is best to cooperate with the GAL as best you can. They are usually professional in their approach and committed to making recommendations that support your children. It is also important to remember that the GAL’s report is just one factor the family court judge considers when making custody decisions.
Custody disputes can be stressful, and a GAL investigation might heighten your anxiety. An Atlanta, GA guardian ad litem lawyer at our firm can help you prepare and support you through the process.
At the Atlanta Divorce Law Group, we fiercely advocate for parents involved in custody disputes. Contact our intake team today to find out how we can help you.
Subscribe to Our Newsletter
Learn the latest on divorce & child custody