2nd Mar 25 2:58 am
JamieYou got married and started a family, believing it would last for the rest of your life. You never saw yourself getting divorced and fighting for custody of your children. Even worse, you never pictured that the court would involve a professional in your case to decide custody for you. Now, in addition to being hurt and angry, you are also embarrassed. After all, it must say something bad about you and your spouse that a professional must be called in, right? Not necessarily. When the court orders guardians ad litem, it simply means they need a neutral third party who can get to know your child and make recommendations regarding what would be best for your child. This does not mean the court views either parent negatively. If the court has ordered a guardian ad litem (GAL) in your case, or you believe one may be beneficial, an experienced child custody attorney with Colorado Divorce Law Group may be able to explain what will happen, offer guidance about how to proceed, and tell you what potential outcomes you may be able to expect. Call (720) 593-6442 to schedule a consultation and discuss what is next in your custody journey.
CO Rev Stat §19-1-103 legally defines a guardian ad litem as an individual appointed by the court to act in the best interests of another individual they are representing in a court proceeding. Additionally, the statute provides that if the GAL is representing someone in a proceeding for dependency and neglect under Title 19 Article 3, they must be an attorney-at-law with a license to practice in the state of Colorado. Essentially, a GAL is a third party paid to get to know a minor child or incapacitated adult and then tell the court what would be in that person’s best interests when parents or others are unable to agree.
The guardian ad litem serves as the child’s legal representative, much like a spouse’s divorce attorney is their legal representative. This means there is an attorney-client relationship between the GAL and the child they represent, and the GAL must uphold and respect the associated confidentiality. The GAL is also responsible for explaining the court process to the child in an age-appropriate manner. When making recommendations to the court, the GAL must consider the child’s wishes and preferences.
A guardian ad litem’s role is to get to know the child and their family and make recommendations to the court regarding matters such as child custody. There are many things that the GAL will need to do to be effective in this role. Some of the things the GAL may do include:
Everything the GAL does should be aimed toward their goal of getting enough of an understanding of the people involved to be able to make recommendations to the court regarding who should have custody and what is in the best interests of the child.
Parents are often concerned that a guardian ad litem is looking for negative things to use against them as evidence that they are an unfit parent. However, this is not the case. What the GAL is looking for is what is best for the child, their safety, and well-being. While this may sometimes result in the GAL finding negative things, the goal is simply to evaluate all the circumstances and determine what is best for the child involved.
To evaluate all the circumstances, the GAL will examine each parent’s house for stability and assess how well the parents can cooperate or whether they need help to learn to cooperate. The GAL will also evaluate any mental health issues either parent may have and will also investigate to determine if either parent has a history of criminal activity, domestic violence, or substance abuse. If a disabled adult is involved in the custody fight, the GAL will consider how that may affect the child’s well-being. Based on all the information the GAL finds, they will make a recommendation to the Colorado family court regarding what custody arrangement would be best for the child. One or both parents may not be entirely happy with the arrangement recommended, but it should also be noted that the GAL’s recommendation does not bind the court.
Guardians ad litem are key parts of many custody proceedings. While the court is not bound by their recommendation, it does carry significant weight. Therefore, it is crucial that the GAL is thorough and genuinely understands the family dynamics before they make recommendations. They must get to know the child and their needs before making any pivotal decisions.
Additionally, they typically attend every hearing, and when motions are filed, the GAL will file a response discussing the impact potential outcomes may have on the child. In many cases, the GAL will remain involved in the case until after the concluding hearing. In some cases, the GAL may remain involved even after the concluding hearing if it is deemed necessary.
A guardian ad litem is meant to advocate for the best interests of the child they represent. This means that they are not meant to “take sides” against either parent but to determine what custody arrangement is best for the child. Parents can help the GAL do this by following some simple tips that will not only smooth out the process but also show the parent’s desire to participate and meet the child’s needs.
A guardian ad litem is appointed by the court with the intention that they will represent the child’s best interests. Doing so may occasionally put the GAL at odds with one or both parents. Parents should treat the GAL with courtesy and respect and remember that even when the GAL disagrees with them, they are looking out for the child’s best interests. They do not take sides with either parent or pass judgment on the relationships between the parents or between the parents and their child.
There is no such thing as a perfect parent. During the divorce process, when a guardian ad litem is brought into the case, parents may be tempted to try to hide their mistakes or try to minimize them. However, inconsistencies can damage an individual’s credibility, so it is essential to be completely truthful, even if the truth is unfavorable. Parents should not make excuses for their mistakes. Still, they should ensure they provide context that will allow the GAL to understand why the parent did what they did at the time, such as believing it was the best of all available options or not having all the information needed to make a different decision.
Parents should prepare their child for the interview process, explaining what the guardian ad litem will do and what to expect. Depending on the child’s age, they may even explain why the GAL is involved. The Colorado Office of the Child’s Representative offers an information sheet that can help older children and teens understand what to expect of their GAL.
However, parents should not coach their children about what to say. Coaching the child includes rehearsing answers, prompting, or otherwise influencing their answers. Parents may explain that the GAL will ask questions and may even offer some of the questions the GAL may ask. Parents should ensure that they do not say anything that their child may interpret as telling them what to say or indicating a particular answer the parent expects. GALs are trained to recognize when children have been coached, and the Colorado courts view it as improper behavior that can negatively impact their chances of custody. Parents should simply tell their children that the GAL wants to hear their honest thoughts and feelings and encourage the child to share them freely with the GAL.
Due to the nature of their role, guardians ad litem may ask about sensitive personal information. While it may be uncomfortable to discuss this information, open and transparent communication with the GAL is essential. If they ask for this kind of information, it is because they believe it is relevant to the case. Parents should push past any embarrassment or other uncomfortable feelings to provide the requested information to ensure the GAL has all the information they need to make informed recommendations to the court.
Additionally, open and transparent communication also applies to questions that the parent may have. If a parent has concerns or questions, whether about the process in general or a specific circumstance in their case, they should speak directly to the GAL and clearly explain their concern and ask for clarification.
Children should never be in the middle of issues between their parents or between their parents and the guardian ad litem. Asking the child to pass along messages, suggesting the child behave a certain way to make the other individual look bad, and other things that put the child in the middle should be avoided. Whether the parent has an issue with the other parent or with the GAL, they should address the other adult directly. If they feel there is a reason they cannot address the other adult directly, the parent may wish to consult with their attorney if they have one. An experienced child custody attorney with Colorado Divorce Law Group may be able to offer alternatives to direct communication that would allow you to address concerns without confrontation.
A guardian ad litem may request a variety of documents from the child’s parents, including school records, medical records, and others. Parents should provide this information promptly to keep the process moving along. Delaying the information will slow down the process, make the custody case take longer to resolve (and be more expensive), and it can look as though the parent is refusing to cooperate with the GAL. Refusal to cooperate with the GAL could negatively impact the parent’s chances of custody.
When interviews are scheduled, parents should put them on their calendars with reminders about any documents or information they have been requested to bring. They should also be prepared with contact information for any other people the GAL has requested to speak with. They should also ensure the child is prepared for interviews without coaching the child.
A GAL is there to represent the child and ensure the child’s best interests are ultimately met. However, to do that, they must get to know the child and be made aware of anything that may cause the child to act out of character. Parents should inform the GAL of any significant changes in the child’s life, such as the death of a loved one, the loss of a parent’s job, a household move, a change in where they go to school, or if their best friend moves away. Being alerted to these changes can allow a GAL to understand when a child may be reacting to the change compared to when there may be a bigger cause for concern.
The investigation process can take a long time and involves speaking with many individuals beyond the parents and the child. Even though it may frustrate parents, they must allow the guardian ad litem to conduct their investigation and speak with various sources. This is the fastest and easiest way to finish the process and get a recommendation from the GAL without risking losing custody due to improper behavior. If a parent believes that a GAL is not correctly conducting an investigation, rather than interfering, they should speak with their attorney to find out what legal options they have.
Above all else, perhaps one of the most essential tips for working with a guardian ad litem is to focus on the child’s needs. While every parent wants custody of their children, and most would prefer sole custody, the reality is that not every parent will get what they want. While there is no guarantee that a parent will get what they want, what can happen is that the child gets what is best for them. This can happen if both parents remember to focus on what the child needs, even if that means an arrangement that goes against what the parent would have wanted.
A guardian ad litem may be involved in your custody case for many reasons. Whether the judge has concerns over the parents considering the child’s needs, there are allegations of abuse or neglect, or the case is high-conflict and the parents cannot agree, bringing in a professional who can speak solely on behalf of the child can ensure that not only are the child’s needs considered, but that they are the priority. Whether the court appointed a GAL or you or your spouse requested one, the best thing you can do is comply with the investigation. A Colorado child custody attorney at Colorado Divorce Law Group may be able to assist you by explaining the investigation process, helping you prepare for interactions with the GAL, strategically presenting your case so that your child’s best interests are considered, and advocating for your desired custody arrangement even while navigating the complexities of the GAL’s recommendations. Call (720) 593-6442 to schedule a consultation and discuss your concerns regarding the involvement of a GAL in your case.
