Fact Finder/Investigator

GALs independently investigate the allegations that parents may have made against each other.  GALs must have excellent investigative skills so that important information concerning the child's well-being can be uncovered.  GAL investigations may cover questions of legal custody, physical custody, visitation schedules (including the arrangements for pickups and drop-offs), parenting skills, bonds between children and parents, abuse of alcohol or drugs, the influence of a new boyfriend or girlfriend.  The GAL speaks not only to the child and the family, but also to others who have contact with them, such as physicians, teachers, and babysitters.  GALs have the right to review medical and counseling records of children (and sometimes of the parents), to review children's school records, and to interview anyone with an interest in the children's custody, visitation, maintenance or education.  The GAL will typically meet with children and one parent at a time and visit the home of each parent to observe interactions.

Case Monitor

GALs ensure that the case is moving swiftly through the court process while properly serving the best interests of the child. The GAL should make sure that all the information pertinent to the case has been put before the judge and monitor the case until the court has issued a final determination on custody and visitation.

Mediator/Conciliator

GALs try to facilitate a collaborative working relationship among all parties so that problems can be resolved and a generally acceptable agreement can be presented to the court. The GAL attempts to resolve a case as soon as possible since a full-blown trial may not always be in the best interest of the child.  Often these hearings require that a child testify against a parent, or may require a child to be in the courtroom with an alleged perpetrator, causing further trauma to the child.  GALs attempt, wherever possible, to expeditiously facilitate family reunification.

Information and Resource Broker

The GAL may identify resource people and support services available in the community to assist the child and family in assessing problems, resolving conflicts, and strengthening family relationships.

Reporter to the court

Each GAL is required to submit a report stating findings and recommendations to the court.  Often, once the parties receive the GAL's report, they try to settle the case along lines suggested by the GAL's recommendations.

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Ms. Stewart encourages parents to work cooperatively to find an arrangement for shared physical and legal custody that enhances their relationship with their child. She may recommend creative solutions in order to avoid litigation, since negotiation and alternative dispute resolution, like mediation, provide more cost-effective results than a trial in family court.

 She may suggest a variety of strategies, such as the following:

• Involve grandparents to occasionally pick up at school or fill in another gap.
• Use technology which might require a custodial parent to provide a phone, e-mail, or video conferencing to the child so the non-custodial parent can have daily contact.
• The non-custodial parent might coach their child's sports team, or volunteer to drive to a music lesson, even if it is not scheduled time with the child.
• Making arrangements to limit contact between high-conflict parents. 

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In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to:

(A)    The love, affection, bonding, and emotional ties existing between each parent and the child;

(B)    The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C)    The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

(D)    Each parent's knowledge and familiarity of the child and the child's needs;

(E)    The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

(F)    The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(G)    The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(H)    The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;

(I)    The mental and physical health of each parent;

(J)    Each parent's involvement, or lack thereof, in the child's education, social, and extracurricular activities;

(K)    Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

(L)    The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(M)    Each parent's past performance and relative abilities for future performance of parenting responsibilities;

(N)    The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

(O)    Any recommendation by a court appointed custody evaluator or guardian ad litem;

(P)    Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

(Q)    Any evidence of substance abuse by either parent.

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