What Not To Say To A Guardian Ad Litem (GAL)?

what not to say to a guardian ad litem

Before getting knowledge about what not to say to a Guardian ad Litem, we should understand GAL, his powers, and his duties. So, a GAL, a court-appointed representative of a child by the judge, has extensive knowledge and experience in family laws, divorce, and child custody.

A judge will select a Guardian ad Litem according to the nature of the case and will expect him to collect all the decision-able information from the child, parents, and relatives. A GAL can conduct interviews with parents, teachers, and child caregivers to know about the best interests of the child.

His primary tasks involve collecting information, assessing the child’s safety, and providing recommendations to the court based on the child’s best interests. A judge trusts and respects the recommendations provided by the GAL regarding the case.

Hence, the main issue while interacting with GAL is that some parents feel reluctant or make some blunders that can make Guardian Ad Litem suspect. That’s why, you must be respectful, honest, and straightforward in front of GAL.

And one special piece of advice from our side is:

“In the guide on, ‘What Not To Say To a Guardian Ad Litem, ‘Sometimes silence speaks louder than words.”

What Not To Say To A Guardian Ad Litem? – 10 Things

As you know, child custody is a sensitive matter, so an appointed advocate, GAL, can be strict while investigating both parents. Therefore, before getting involved in an interview with the Guardian ad Litem, you must know what not to say to a Guardian Ad Litem.

Besides, most people also ask if I can refuse Guardian ad Litem, so the following instructions will make you able on what to say to a Guardian ad Litem.

Here are some Guardian ad Litem dos and don’ts:

1. Refrain from Declaring the Other Parent as the Worst

While interacting with GAL, you must not declare other parents the worst, because this can make you distrustful in front of him. Instead of blaming other parents, you should focus on the wants and worries of the child. Keep in mind that you’ll never say a single word against the other parents until GAL asks about their behavior or character.

2. Avoid Giving Incorrect Information

Speaking the truth is the key to success even if the case isn’t in your favor, because GAL is an experienced investigator who knows everything. Promise yourself that you’ll never give false information and will never let go of the truth. Hence, without feeling reluctant, provide him with the correct information that he asks for.

3. I’ll not Answer this Question – that’s Personal Information

Gathering correct information is the first priority of the GAL, so he can ask some personal questions like finance, lifestyle, home environment, and others. He’ll ask these personal queries because he’s to decide which home is the best for the kid. In this case, you’ll have to be straightforward and honest.

4. Emphasize ‘Our’ Over ‘My’ When Referring to the Children

Yes! It can be a great strategy to emphasize ‘our’ over ‘my’ when referring to the kid because it’s more inclusive. Choosing the right words while communicating with GAL can lead you to success. It means that you’ll have to make your thoughts wider while discussing your child.

5. Avoiding Arguments and Elevated Voices with the Guardian ad Litem

Firstly, you’ll have to control your emotions and anger while talking with Guardian ad Litem, because this can ruin your child custody case. He may ask you some annoying questions and he’ll. Then, all you need to do is just stay calm and cooperative; otherwise, if you’re unable to control your feelings, you can ask him for a little break.

6. I’ll not Answer this Query in the Absence of my Attorney

As we mentioned earlier, a GAL is appointed by a judge, so he’s right to ask you any question in the presence or absence of your attorney. You’re bound to answer him and if you refuse him, this may lead you to difficulty. You also must be polite, cooperative, professional, and responsive in front of Guardian ad Litem.

7. Avoid Offering Excuses for Past Errors

Instead of refusing that you’ve not made these mistakes in your past. Accepting your mistakes made in the past and emphasizing what you learned from them can be a great way to be sincere to the fore of GAL. If you refuse, it can make him suspect that you’ll repeat these mistakes in the future.

8. Resisting Drug Testing and its Implications

One of the significant points to decide for Guardian Ad Litem will be drug testing. He’ll ask you for a drug test, so you must take it without any resistance. If you’re worried that you’ll fail the test, you must talk to your attorney, then he’ll discuss it with the GAL before time.

9. Don’t ask for your Rights

Most people ask how to talk to a Guardian ad Litem, and the answer to their question is that they’ve no right regarding child custody, so never waste your time, asking for your rights. The more you help GAL, the more he’ll be cooperative. Hence, don’t demand any rights that you’ve not owned.

10. Court Order Violation

Never try to violate court orders, because this can be very impactful on your case. Knowing that GAL is a court-appointed attorney, if you make this mistake, you’ll have to face critical legal issues in the future.

How to Tell If the Guardian Ad Litem is on Your Side?

It’s important to understand that a Guardian ad Litem (GAL) is appointed by the court to advocate for the best interests of the child or incapacitated person, rather than aligning with one party or the other. Their role is to provide an independent and impartial perspective. However, there might be instances where it seems like the GAL is more supportive of one party.

Here are some instances:

  • Observing Conduct

Pay attention to their actions throughout the inquiry. Are they actively in pursuit of information from both perspectives? Do they maintain impartiality in their approach, considering all facets without displaying favoritism?

  • Transparent Communication

A Guardian ad Litem (GAL) should uphold transparent and open communication with all parties implicated. If you notice the GAL consistently updating you on the proceedings and actively seeking your input, it may suggest their commitment to working in the best interests of the child.

Guardian Ad Litem Home Visit Checklist

Here is a straightforward answer to this question: what does a Guardian ad Litem look for in a home inspection:

  • Interviewing the child, parents, and relatives (important persons).
  • Collecting Evidence.
  • Gathering Documents.
  • Interaction with parents’ attorney.
  • Visit the child’s place.
  • Observing parents’ behavior with the child.
  •  Interaction with the child.

How to Prepare for a Meeting with Guardian Ad Litem (GAL)?

After knowing what not to say to a Guardian ad Litem (GAL), it’s a handy process to prepare yourself for a meeting with him. Just follow the given points to prepare yourself for a confident meetup with GAL.

  • Be Honest and Transparent
  • Gather all the required Documents
  • Create a Timeline
  • Prepare for Questions
  • Highlight Positive Aspects
  • Respectful Communication
  • Listen Actively
  • Follow Court Orders Strictly

Another query asked by hundreds of parents is: how to prove yourself Accurate and Truthful in front of Guardian Ad Litem.

In our point of view, this has a simple answer, 

“Be honest, courteous, cooperative, and confident when you meet him.”

FAQs

Talking to a GAL isn’t as difficult as many parents think, all you need to do is to be polite, professional, helpful, and honest while meeting a Guardian ad Litem.

You must be confident and honest around GAL because it’s the only thing that can lead to incredible success, otherwise, you can read our detailed guide on what not to say to a Guardian ad Litem.

It may take a few months or several weeks, but it may also depend on the case.

Lying mother to a Guardian ad Litem can lead to case failure.

Click here to learn which team role tracks interruptions in compressions.

Final Thoughts

In conclusion, we would like to say that you must be polite, professional, helpful, and honest while meeting GAL. You’ll also have to show respect because a Guardian ad Litem is appointed by a judge who will decide about your case.

In short, the more you are confident and honest, the more you’ll have the chance of winning your child custody case. Hence, we’ve shared our comprehensive guide based on our experience on what not to say to a Guardian ad Litem.

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