BEST Guardian Ad Litem Home Visit Checklist

What Not to Say to a Guardian Ad Litem and What to Expect the First Time You Meet

A Guardian ad Litem investigation typically occurs when the parties involved are unable to reach an agreement on custody or placement decisions for their children. When the parties cannot resolve child-related issues independently, the court appoints an attorney to assess the children’s best interests and provide recommendations to the court regarding the most suitable custody and placement arrangements.

The Guardian ad Litem (“GAL”) usually carries significant influence over the judge’s decision-making, as the GAL is appointed to act as the judge’s eyes and ears in these matters. As a result, your interactions and communication with the GAL can heavily impact the GAL’s investigation and their view of what is best for your child. Understanding what to expect and how to prepare for a GAL investigation can be crucial in determining the outcome of your case. Keep reading for tips and insights that will help you present your case effectively!

TL;DR Summary for Guardian ad Litem: 

• Guardian ad Litem (GAL) Role: Appointed when parents can’t agree on child custody/placement to assess the child’s best interests. 
• First Meeting (with Parent): 
  • Discuss family history, relationship with the child and other parent, and custody preferences. 
  • GAL asks about parenting roles, past caregiving, and potential challenges. 
  • May require document submission and possibly authorize GAL to gather records. 
• Home Visit: 
  • GAL may visit alone or with a social worker. 
  • Photos/videos might be taken, especially if allegations exist about the home. 
  • Home should be clean, orderly, and child-friendly. 
  • Children may or may not be present during the visit. 
• Child Interview: 
  • GAL asks light, non-threatening questions to put the child at ease (school, friends, interests). 
  • Focus on observing the child’s comfort and family dynamics. 
  • GAL will not directly ask the child who they want to live with. 
• Tips for Parents: 
  • Be open, calm, and cooperative. 
  • Prepare the home and ensure it’s welcoming for the GAL’s visit. 
  • Understand the GAL’s goal is the child’s best interest.

Preparation Tips for Parents

Preparing for Your Initial Meeting

Your first meeting with a GAL will usually be one-on-one. You will meet with the GAL at his or her office without your attorney, without the child’s other parent present, and without your child. The GAL will conduct an informational interview to learn about you, your relationship with the other parent, and your relationship with your children.

Be prepared for the GAL to inquire about the following:

• Your family history and significant life events: This includes details about where you grew up, how you were raised, and the nature of your relationships with your parents and siblings. It also covers whether your parents were divorced, as well as any family history of abuse, neglect, poverty, or issues related to drugs or alcohol.
• Your relationship history with the other parent: This includes information about when and how you met, the duration of your relationship, how you became parents together, how you manage your responsibilities as co-parents, and how the relationship ended. It also covers whether there is any history of spousal abuse or domestic violence.
• Your relationship with your child: This involves your past caregiving role, how you see that role evolving in the future, any parenting challenges or successes you have had, and what your child might say about you as a parent.
• Your child’s relationship with the other parent: This includes the caregiving role the other parent has played, any changes you would like to see in that role, any parenting struggles or successes they have experienced, and what your child might say about their relationship with the other parent.
• Information about your child: This includes your child’s personality and interests, how they are performing in school, any medical or educational concerns, any special relationships with third parties like grandparents or daycare providers, their daily routine, and any holiday traditions they celebrate with you or other family members.
• The nature of the dispute: This covers the custody and placement arrangements you are seeking, your understanding of the other parent’s proposal, the reasons for your disagreements, any compromises you might be willing to consider, and what your child would like in terms of custody and placement, along with the reasons behind their preferences.
• Any relevant third parties or third-party information that could influence the investigation: This includes any witnesses who could support your position, as well as the names and contact information for school personnel, daycare providers, or pediatricians who may have relevant records or information

Sometimes, GALs provide written questionnaires for parties to complete and return in lieu of a lengthy personal interview. If so, you can consult with your attorney about how to best provide information in response to the questionnaire. However, the GAL will still want to meet with you just to get a sense of your personality and to discuss your child and your case.

At the close of your first meeting, the GAL might also ask you to gather specific documents or information. If so, you should cooperate with your attorney to ensure the GAL gets everything he or she needs. The GAL might also ask you to sign authorizations that will allow them to gather information or records directly from the source. If this is the case, you can consult with your attorney, but generally you will want to cooperate with the GAL’s requests.

Finally, the GAL might schedule a home visit and, if your children are school age or older, it is likely the GAL will want to meet the children as well.

Preparing for the Home Visit

If your case is in a county that requires a custody and placement evaluation by a county social worker, it is likely the GAL will do a joint visit with the social worker. If a custody and placement evaluation has not been ordered in your case, the GAL will likely come visit you alone or possibly with a secretary or paralegal from his or her office who can assist with taking notes or pictures.

In general, here are some tips to consider regarding the GAL’s home visit:

• Photos & Videos: The GAL or social worker may wish to take photographs or videos during the home visit.  This is not unusual—particularly if the other parent is alleging a party’s home is unsuitable for the children. It is important to ensure your home is clean, orderly, and kid-friendly prior to the visit for this reason.
• Surprise Drop-Bys vs Scheduled Visits: Most times, the GAL will arrange the visit in advance. In other cases, the visit may be a surprise if there is a reason to try to catch the parent off-guard (for example, if there is an allegation that the parent drinks too much or frequently leaves the children home alone). Assuming the visit is scheduled in advance, you should ask the GAL if they would like the children to be present or not. Oftentimes, the GAL likes to see the children in their home and likes to gauge their interaction with their environment. It can also make children more comfortable to meet the GAL in their own home where they can proudly show the GAL their bedrooms and introduce them to family pets.
• Level-Playing Field: The guardian ad litem may also decide to visit both parents’ homes so the investigation seems even handed, even where there has not necessarily been an issue raised as to the living conditions at the other parent’s home.
• Short Duration: Expect the home visit to be of fairly short duration, anywhere from 10 minutes to 30 minutes, or so, depending on whether the guardian ad litem plans to talk or interview the children during the visit.
• Third Parties Can Be Present: While one would technically have a right to have their attorney present during the home visit, usually the visits are arranged in advance with the consent of the attorneys and there is no reason for the attorneys to be present during the home visit. The GAL may also want to meet other adults or individuals who live at the home with the children such as stepparents or stepsiblings. Such people should be present at the home visit if requested by the GAL.

What Not to Say to a Guardian Ad Litem

There are certain individuals who should not be present during the home visit if their presence may cause issues for the Guardian ad Litem (GAL) or complicate the situation. For instance, if the parent has a new boyfriend or girlfriend who does not typically interact with the children, that person should not be included in the home visit. Similarly, overly curious grandparents or next-door neighbors should not participate in the visit unless the GAL has specifically requested their presence. Lastly, pets that are overly friendly or aggressive should be safely put away during the home visit to prevent them from jumping on or potentially injuring the GAL or their assistants.

Tips for Child Preparation

Although in some scenarios, a guardian ad litem might elect to choose to conduct an interview with a child in their own office, they may wish to schedule a home visit instead to see the children in their own environment as it’s less intimidating for the child.

What Kind of Questions Does a Guardian Ad Litem Ask a Child

GALs typically ask questions with two main purposes in mind: (1) to help put the children at ease, and (2) to gather information. If you have more than one child, the GAL may choose to interview them either separately or together, depending on their ages. In some cases, the GAL may offer the children a puzzle or art supplies, allowing them to “fidget” with something and feel less distracted. The GAL will strive to make the interview as positive and conversational as possible.

To help put the child at ease, the GAL may ask questions about:

• School—What subjects do they like? What do they like to take for lunch? Who is their teacher
• Friends—Who are their friends? What do they like to do together?
• Interests—Do they play any sports? What video games do they like? Do they play an instrument? Are they in any clubs or organizations?
• Family—Who are the members of their family? Do they have pets? Do they take trips to visit family members?

The GAL may also inter-mix “getting to know you” questions with “fact-gathering” questions such as:

• What do you like to do with your Mom?
• What are some things your Dad is good at?
• What time do you have to go to bed at your Mom’s house?
• Who helps you with homework—your mom or your dad?

Finally, GALs will generally ask children the following questions:

• What did your parent(s) tell you about why you are meeting with me?
• What did your parent(s) tell you to tell me?
• Is there anything your parents told you not to tell me?

GALs typically will NOT explicitly ask children who they want to live with.

Preparing a Child for the Home Visit

Sometimes, the GAL will meet the children separately before scheduling a home visit. Other times, the GAL may wish to meet the children contemporaneous with a home visit. Either way, you can help your child prepare for the home visit much as you would help them prepare to meet any guest in your home.

Rest assured, an experienced GAL has “seen it all” and will not hold it against you if your children behave like children at the home visit. After all, that is the point: To observe the children’s behavior in their own home.

It is normal to be nervous but remember: the GAL wants what is best for your children—you are allies in that goal. And now that you know what to expect and how to prepare for the GAL investigation, you can focus less on your fear of the unknown and more on your children’s best interests! Contact us today so our lawyer for child custody can help you get your life back on track.