Guardian Ad Litem Basics in Ohio and Tips for Your Interview

PUBLISHER’S NOTE: A client of mine has an appointment next week to prepare her for her appointment with the Guardian Ad Litem in her divorce case. To prepare and organize my thoughts, I went back to the SEARCH tool at the top of the Ohio Family Law Blog to review our prior posts about this topic. I have posted 8 or so blogs about GAL’s in the past, but not one specifically about how to prepare and conduct yourself with the Guardian Ad Litem. So, here it is!

Mastering Your Approach: Strategies for Interacting Effectively with a Guardian Ad Litem

Navigating the best approach to take with a Guardian Ad Litem in a divorce, custody or parenting proceeding can be very confusing. The role of the GAL is extremely important to the outcome of your case. The purpose of this blog article is to help you avoid some of the common pitfalls.

THE BASICS ABOUT THE ROLE OF A GUARDIAN AD LITEM AND WHAT YOU SHOULD KNOW:

To save space for me to discuss my “tips” for your GAL interview, click here to read a prior blog from December of 2021 that provided the basic information you should know about the role and responsibilities of the Guardian Ad Liten in your divorce, custody, or parenting proceeding. The report and recommendation of the GAL to the Judge is a VERY important piece of evidence that the Court will consider. Do not underestimate its significance!

TIPS HOW TO PREPARE FOR AND PRESENT YOURSELF TO THE GUARDIAN AD LITEM:

The To-Do’s:

1. SHOW UP PREPARED: If not previously requested or provided, bring copies of all your pertinent Court papers and Orders, any other relevant documents. Provide the names and contact information for any professionals (teachers, therapists, doctors, etc.) working with you or your child. Bring the names, addresses and phone numbers for friends and family members who know you and your child and can provide relevant information about the parenting issues in dispute. Include a brief summary of the information each can provide. If your child has special medical or educational needs, be sure to organize and bring any information you have about this need. At some point, you will also want to provide important photos, texts, email, social media posts etc. to the GAL.
1. Organize your thoughts in advance of the meeting. Write notes with the bullet points you want to make to the GAL. It is easy without them to forget important issues. Also, I recommend bringing a pen and a notepad to takes notes. This demonstrates to the GAL that you are taking his/her role seriously.
2. BE HONEST, TRANSPARENT AND POLITE: Maintaining your credibility with the GAL is essential! Never raise your voice or show any unpleasantness towards the GAL. You are actually “interviewing” for the job of your child’s custodial parent.
1. Do not attempt to manipulate or mislead the GAL. That will hurt your credibility The GAL will invariably be confronted with “He said. She said” narratives. The job of the GAL is to objectively figure out the “truth”. The more accurate and credible you are will likely pay dividends. Do not bash your spouse or exaggerate matters or minimize your own possible shortcomings.
2. The GAL’s job is to conduct a thorough independent investigation. You will be asked a LOT of questions. Listen carefully to the questions and honestly respond in an objective factual manner. Treat this meeting as you would a job interview.
3. FULLY COOPERATE: The GAL may have an intake sheet they will want you to complete. If the GAL asks you for documents or information, get the information to the GAL quickly. (The only caution here is not to swamp the GAL with volumes of material that go deep into the smallest of issues.) If the GAL makes any suggestions to you, do your best to make them happen. You don’t want the GAL to believe that YOU are the cause of the present problems.
1. If the GAL thinks there is a problem with a parent, make sure the GAL believes the problem is with the other parent and not you. Being cooperative and easy to work with will go a long way.
4. KNOW EVERY DETAIL ABOUT YOUR KIDS: The GAL will obviously ask a ton of questions about your child/children. Part of the purpose is to see how much you know and are actually involved with them. Details matter: know your child’s birthdates, names of teachers, coaches and friends, hobbies, favorite foods, and their favorite tv shows and movies. Prepare in advance to be able to describe each child’s personality. You would be surprised how some parents know very little about their child.
5. DEMONSTRATE THAT YOU ARE WILLING TO BE A GOOD CO-PARENT: Ohio generally favors shared parenting. The GAL will be evaluating if the parents are willing or capable to co-parent together. Remember, even if you are requesting sole custody, you should still demonstrate that you continue to do your best to work with the other parent. Also, remember when talking about the kids, ALWAYS REFER TO THEM AS “OUR CHILDREN” not as “MY CHILDREN”. This helps demonstrate that you are willing to co-parent. If you are seeking shared parenting, this probably makes perfect sense to you. If the GAL concludes that shared parenting is not in the child/children’s best interest, the GAL’s recommendation will probably be that one parent is awarded sole custody. The parent who receives the GAL’s custody recommendation will likely be the one who has put the most effort into co-parenting. This is because the GAL will believe that parent is the one most likely to act fairly and work harder to encourage the child’s relationship with the other parent.
6. RESPECT THE ROLE OF THE GAL: The GAL is not a referee in a contest between you and the other parent. He/she is a neutral and objective investigator tasked with ultimately making recommendations of what is in the children’s best interest. Be sure to keep ALL the discussions focused on the “child” not on your wishes/needs. Stick to providing relevant information about your relationship with the child and your ability to care for their well-being.Don’t inundate the GAL with tons of material or call him/her with every issue when you don’t agree with the other parent.

Click here, to read how “best interests” are defined under Ohio law.

The Don’t Do’s:

1. MAKE ALLEGATIONS THAT YOU CAN’T PROVE: One of the fastest ways to loose credibility is to make allegations that you can not back up with evidence. There is a huge difference in expressing your “belief” versus facts which you can prove. Also,
2. DON’T OVERSTATE THE FACTS: Do not bash your spouse or exaggerate matters or minimize your own possible shortcomings. Badmouthing your spouse can back-fire and actually reflect poorly on you. Don’t make excuses for your past mistakes. Own up to them!
3. DON’T ASK THE GAL FOR LEGAL ADVICE: GAL’s are not legal advisors. Never ask for legal advice or discuss your legal strategy with your GAL. As mentioned above, the GAL’s role is that to be a neutral and independent investigator to solely make recommendations as to what is best for your children (not best for you or the other parent).

IF YOU ARE UNSURE OF ANYTHING, ASK YOUR DIVORCE LAWYER!

If you are uncertain about anything regarding your approach or preparation to meet with the GAL, be sure to discuss it in advance with your divorce lawyer. Your lawyer should advise you what would be the best approach and answer your questions. Your lawyer will advise you of what might be harmful to your case.

CONCLUSION:

The recommendation of the GAL will likely be very important in the ultimate result in your divorce, custody, or parenting litigation. Following these tips should improve the likelihood of obtaining a positive recommendation from the GAL! Nonetheless, be sure to discuss the specifics of your case with your lawyer before talking with the GAL.

Experienced, Trusted and Professional Dayton Divorce Lawyers

Our experienced Dayton divorce lawyers at Holzfaster, Cecil, McKnight & Mues can assist you with your divorce, custody, or parenting proceeding. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!

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