When you are dealing with a Guardian Ad Litem (GAL) in a family law case, the cost can be hefty. Many times a private GAL who is retained to represent a child in court requires a retainer. The cost of a GAL will depend on many factors, such as their education, experience and the time that is needed in each particular case. Sometimes a GAL may be needed for a few hours and sometimes they may be needed for their time doing their investigation and the time needed to testify in court proceedings. It is difficult for a GAL to give an exact amount of time that is needed in a particular case, because like many things in life, the work of a GAL is fluid and not set in stone.
Child Custody and the GAL: What do they look at?
A Guardian Ad Litem (GAL) is a person the court appoints to represent the best interests of a child in a divorce or parental rights and responsibilities case. When they complete their investigation the look at many factors such as:
• the wishes of the parents and the child
• the relationship the parents have with each other
• the needs of the child
• the relationship of the child and the parent
• the history and relationship of the child and each parent
• the child’s school and community life
• the parents mental and physical health
• drug and alcohol abuse of the parents (if any)
These are just some factors a GAL would look at in terms of making a decision on a contact schedule that will best serve the minor child.
Child Custody and Florida Statute: 61.403 Guardians ad litem; powers and authority
Chapter 61 of Florida Statues deals with dissolution of marriage, support, and time-sharing. Section 61.403 of the Florida Statutes deals primarily with Guardian Ad Litems (GAL). This section states:
“A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child...”
1. They can speak to anyone that affects the welfare of the minor child 2. They can get records needed to assist them with their duty 3. The may require expert examination if they feel it is needed 4. They may make oral and written recommendations of their findings
All of these items are subject to the parameters of the court and notice to all of the parties. Essentially, the GAL is the eyes and ears of the court.
Child Custody Cases and the Holidays
When it comes to the Holidays, the phone lines of many Custody Attorneys start ringing from past clients, current clients, and people seeking advice. The courts are not immune and there is a sudden increase of EMERGENCY MOTIONS filed dealing with time-sharing and not being able to see one’s child on a particular day (Thanksgiving, Christmas Eve, Christmas, etc.)
Before a situation may arise, decide where you are willing to be flexible in terms of the holiday time. Ultimately, if one parent is being unreasonable it will only hurt the child and sometimes one parent has to be the adult. After the holiday season is over, you may want to speak to your attorney so a situation like this may be reduced the next holiday season. Always remember that the child does not choose their parents!
Child Custody and the GAL: The Child’s Voice
A Guardian Ad Litem (GAL) is a person the court appoints to represent the best interests of a child in a divorce or parental rights and responsibilities case. The purpose of the GAL is to investigate the family situation and advise the court about where he or she thinks the child should live and what type of contact the parents should have with their children. A GAL can be a great asset to a case in helping the court decide what should happen regarding the children. Many times the GAL is seen as the eyes and ears of the court. Unfortunately, the cost of hiring a GAL can be cost prohibited for many and the need may not be able to be met because of the financial situation.
Custody and Technology
Gone are the days of just the good old fashion phone. Generally today most courts allow daily contact between children and parents. Sometimes, that contact may be by phone, skype, email, or other advances in technology. With the advances to technology parents can have a closer and a more effective relationship with the child, even if the child is with the other parent. Many parents have embraced the technology, because not only can they speak to their child, but they can actually see their child via programs such as a Skype. These advances in technology have not only allowed for better relationships, but also sometimes assist in making sure everyone is on the same page.
Custody & School Events
Ballet, Basketball, Cheerleading, Football oh my!!! When you have children get ready for fun and exciting school and club activities. Many times parents want to attend these events, however, the parents may no longer be together. Sometimes this is not an issue and parents can get along, but sometimes that is not the case. I have actually had to address issues with clients about how to interact with the other party at extracurricular activities. The best option for your children is for the two parents to be civil and get along so that the children are not amidst conflict. However, if you and the other party are unable to be civil with one another, the best thing you can do is avoid the other parent in order to avoid conflict or a scene. If this is not possible, you should consider at least keeping your distance and try and have others around as witnesses in case something happens. I have been in contact with coaches and other parents who were at these games and this gives a judge a better idea of what took place. So if you are simply unable to be civil with one another, try your best to avoid the other parent or make sure you have witnesses just in case something happens.
Custody & Education
As a former teacher, I saw many different family structures. The best students were the students who had active parents who were concerned with their child’s education. Sometimes these parents were not “together” but put the child’s education goals FIRST. If you are going through a custody issue with the other parent, it is best to make sure the questions and concerns you have are for your children and not for what best fits your needs. I always tell clients that you have to make sure the child’s interests are being put first because children may be young now, but they will always remember when mommy and daddy are fighting about their school.
Relocation with Minor Child or Children- Florida Family Law Statute 61.13001
So you have been divorce or you have gone through a custody case and now you want to move more than the statutory 50 miles, so what do you?
If you find your self in this position you have to follow Florida Family Law Statute 61.13001 dealing with Parental relocation with a child.
If the other parent and yourself are in agreement of you moving than this may be a painless process.
However, generally both parties are not in agreement and the court would have to make the decision for the parties
The worst thing a parent can do is relocate more than the 50 miles allowed by the statute and then petition the court.
Not only must you follow the statute but you have to follow other aspects of the Florida Family Law Statutes and the Rules of Evidence if an agreement can’t be reached in mediation.
I don’t need an attorney …
When I hear a potential client say this phrase “I feel for them...” Unfortunately, some may think navigating the Family Court System can be easy and will be as simple as an Law Order episode. The fact of the matter is that the Florida Family Court system can be confusing and overwhelming and this does not take into consideration the Statutory and the Case law that goes along with navigating the system. Also, don’t forget about each Judge and their likes and dislikes.
The fact of the matter is that navigating the court system is not a game and once a judge makes a decision on your matter you don’t get a redo unless you are able to appeal.
If you can’t find an attorney to assist you with your entire case sometimes having an attorney assist you in a portion of your case may be beneficial.