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!
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:
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.
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:
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.
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.
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:
The GAL may also inter-mix “getting to know you” questions with “fact-gathering” questions such as:
Finally, GALs will generally ask children the following questions:
GALs typically will NOT explicitly ask children who they want to live with.
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!
933 N. Mayfair Rd., Suite 300
Milwaukee, WI 53226
Hours
Contact our team anytime 24 hours a day, 7 days a week!
"The representation by Karp & Iancu that I received was very helpful to guide me through the difficult passage from marriage to divorce. I would highly recommend retaining Karp & Iancu as they were able to provide highly valuable information and guidance to reach an amicable settlement with my spouse."
We’re Proud of Our 5.0 Rating Across 400+ Reviews on Google