Legal Question in Family Law in Virginia

Re: gaurdian ad lietum

I am GAL certified, and you have to understand that our job is to look after the best interests of the kid. At the end of the day we don't care if you're feelings are going to be devastated, if we feel that the best interest of the child is an alternative arrangement we have to let the court know that. Our opinions and findings are given weight by the judge, but it doesn't mean that he will follow our opinions. Make yourself available to the GAL, be cooperative, and avoid making disparaging remarks about the other side (we don't care and its not helping your case). There is no way to fake good parenting skills or a healthy environment for your child during a GALs visit. It's not like a real estate open house where you are told to bake cookies beforehand! Just remember that we aren't against you and we aren't for you, we only care about the best interests of the child, and if you love your child, that should be more than acceptable to you. Good luck.

Re: gaurdian ad lietum

A very good question. I am certifed as a GAL and serve in about 15 custody cases a year and about 10 serious abuse cases. I represent either mother or father in about 100 additional cases for hire every year since 1990.

In 2003 the Supreme Court of Virginia adopted Standards for the Performance of GALs which can be obtained at http://www.courts.state.va.us/gal/home.html The website lists all GALs in any given region, the standards for the job snd the qualifications for one to be certified as a GAL. If you cannot get onto the Internet call the Virginia State Bar and ask them to send you a copy of those standards.

Practically speaking, the decision is a Judge's but they heavily depend on GALs to do alot of the legwork and bring it into court. A GAL is just a lawyer and is bound by a lawyer's role in a courtroom with the special addition that he has the legal requirement to make a recommendation to the Court, so his influence is not small. As a GAL I like cooperation and honesty. As a lawyer, I know that the lawyers job is to make sure the GAL is aware of all his client's concerns, to provide whatever information the GAL needs in order for the GAL to do his job well and to be a lobbyist for my client with the GAL who is, after all, another lawyer.

Some GALs dont do thier jobs well but my recommendation is to work them and do your part, then complain if they don't do theirs. Your lawyer is your policeman in keeping the GAL straight.

Good luck.