What Is a Guardian Ad Litem in a Family Law Case?
Any family law case involving children is ripe for emotional conflict and involves high stakes. When parents cannot agree on a parenting plan or other complex issues, a judge may appoint a Guardian Ad Litem. If a court orders one for your family, they are involving an independent professional to evaluate the situation and advocate solely for your child’s best interests.
At Danielsen Westhoff, PC, our Broomfield family law lawyers can help you understand the role of a guardian ad litem in a family law case and how you can navigate the process as a parent.
Defining the Guardian Ad Litem
Under Colorado law, a Guardian Ad Litem (GAL) is appointed by the court to represent the best interests of a minor child or an incapacitated adult during legal proceedings. This third-party independent professional will help the court to evaluate the situation and determine the child’s best interests. The GAL is responsible for:
- Explaining court proceedings to the child in age-appropriate language
- Maintaining confidentiality appropriate to the child’s age and situation
- Assessing the child’s wishes while independently determining what arrangement best serves the child’s overall safety and well-being
Having a GAL assigned to your family’s situation does not directly mean that the court believes you are lying or being a bad parent. It simply indicates that they need some clarity regarding the situation and believe a professional third party can aid in the situation. This helps ensure the court is not choosing sides between parents who disagree about the facts of the situation, especially in cases involving dependency, neglect, or complex family law matters.
The Role of a Guardian Ad Litem
The GAL begins by conducting a thorough investigation into the family’s life by conducting interviews with both parents, the child, and any relevant third parties, including teachers, doctors, or relatives. They will also set up a home visit to observe each parent’s household, parenting style, and daily routine with the child.
After this stage of interviews and observations, the GAL digs into records including medical history, mental health evaluations, and police reports, evaluating all potential risk factors. If there are any potential concerns regarding domestic violence, substance abuse, criminal history, or unmanaged health concerns, they will take all of this into account as well.
Strategies for Working With a GAL
It can be intimidating to invite a professional third-party evaluator into your home to assess your and your child’s situation. Rest assured, your GAL is focused on determining the best possible situation for your child. Being honest, professional, and focused on your child’s well-being helps ensure the evaluation process reflects your true commitment to your child.
Be sure not to coach your child in what they should or should not say to the GAL. Be honest throughout the process and help them flesh out the full story rather than hiding your mistakes. Submit any requested paperwork, medical releases, and contact lists promptly. The GAL is not an opponent, and any obstruction of their work might put you in the wrong light.
If you are facing a custody dispute or other complex family law issue, consult with the Colorado family law attorneys at Danielsen Westhoff, PC. Our team is here to answer your questions and make sure your rights are protected.