Why Would a GAL (Guardian Ad Litem) Favor Non-Parent in Child Custody Cases?

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Why would a Guardian Ad Litem (GAL) favor the non-parent who is not the biological parent of the child when trying to determine what's in the best interests of the child?

What is a guardian ad litem?

A guardian ad litem is an individual, usually an attorney who is appointed by the court to represent the interests of the child. The GAL sometimes are given powers by the court where they can investigate allegations that are being made or where they can observe interaction between the child and the involved parties.

The GAL may be able to talk with the child if the child is old enough to express his or her wishes. Or they can make observations of the child, maybe a home visit, and the interaction with each parent. So there are a lot of functions that this GAL can perform. And the GAL then can provide a report or an update to the court and provide recommendations about what he or she thinks is in the best interests of the child.

They prefer to give custody to the parent and there is a high burden to show that the non-parent should get custody. A few reasons why they would make a recommendation in favor of the non-parent are:

- Parent is neglecting the child or is abusing the child
- Parent is involved in drug abuse
- Domestic violence

There are cases where the GAL is wrong. They may not have taken enough time or may not be looking at all of the circumstances that currently exist. So you can fight these. Example, if you are the party that the GAL is making recommendations against and you have taken steps to remedy their concerns (classes, anger management classes, rehab, etc) then make the GAL aware of these.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

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