| Kathy,
A GAL is appointed in some cases to help resolve custody and visitation
issues. The request for a GAL can be made by either party or the court can
decide to appoint one.
A GAL's job is to independently investigate and evaluate the
child(rens) circumstances and make a recommendation to the court. The
recommendaton is normally the whole or a large part of the final
decision.
The important things to remember is that they are selected by the court,
they only report to the court, they only represent the child(ren) and
they don't care much about you or your divorce.
If they are appointed early in the divorce they will normally have
input into the temporary orders (treat these VERY seriously), may
provide interim reports if time or circumstances require it, and then a
final report at the pre-trial or trial. They are present in court and
they stand alongside the plaintiff and defendent representing the
child(ren).
As soon as they are appointed (within a few days) they will start by
interviewing both parties at length. They will also spend time with the
child(ren). Typically, and depending on age etc., they will want
to talk to day care people, teachers, pediatrician and anyone who is
close to or important to the child(ren). Both parties can, and normally
do, suggest other people who can provide an insight, e.g. grand
parents.
In my experience they take a rosy view of life, do not want to upset
the status quo, and unless they find something unusual they will recommend
something similar to whatever is the accepted practice. The bottom line is
that they are very predictable if you know what is normal is in your state.
They work at anything from $50-$150 an hour and the cost is distributed
between the parties.
I suggest that you make every effort to facilitate their work and keep
in touch with them constantly. They are not your friend but you certainly
don't want them as an enemy.
Hope this helps,
Martin
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Kathy
The GAL that was appointed bythe court in my custody battle took
approximately 3 months to complete her investigation. She charged $100
per hour which I was ordered to pay (no choice or negotiation). She
required a $1000 retainer up front. She took about 34 hours to complete
her work.
The GAL can talk to anyone they see fit to talk to, including teachers,
doctors, relatives, anyone. You also have the opportunity for the GAL
to interview people that you may want to use as references or
witnesses. They usually start their investigation within a matter of
weeks of being appointed.
Unfortunatly the widespread opinion thatthe GAL is only another
attorney working for the custodial parent is true in too many cases, in
my opinion. I don't have a high opinion of someone waiting in the wings
of the courthouse for $100/hour assignments, either. Smacks too much of
political a**-kissing.
John
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