Functions of a GAL

[SM_in_FL]

Hi, Soc!!!!!
Got some questions and hoped maybe you could kinda answer them for me. So here's the background: Hubby and bm are in custody dispute over sd's primary residence. She's currently living with mom and hubby wants primary residential custody. So a GAL was appointed by the court, and a psych eval was performed on SD because of some allegations of abuse she made against mom. Those allegations came up in the eval and the evaluator expressed concern about them and about sd's continued residence with bm. Hubby also was concerned and told GAL (as well as showed her the report), to which GAL said that her job was to verify and validate all evidence and to report her conclusions on these, therefore to hold off on taking any action in order for her to investigate. She will be coming to our house to inspect it, I guess, and to meet me and our kids (she said she wanted to meet me and sd's other siblings)...........ok so now my questions:

1) If her function (the GAL) is to verify and validate all evidence, and the evaluator's report is evidence, then do we have to subpeona the evaluator to testify as to her findings? I mean is the GAL talking to her about it sufficient?

2) If not, does the GAL subpeona the evaluator, or are we to do it?

3) Is it normal for the GAL to want to meet the significant others of the parties in these cases? I mean what's the purpose of that? ( I just want to get an idea of what to expect)

4) Is there any difference if the significant other is spouse or boyfriend/girlfriend? (GAL wants to meet me but didn't care to meet or speak to bm's boyfriend) I mean is more weight given to a spouse than to a live in boyfriend/girlfriend???

5) Could you give me a general idea of what happens during these home visits?

Thank you tons, Soc!!!! (Just a bitty bit nervous)
SM

[socrateaser]

>1) If her function (the GAL) is to verify and validate all
>evidence, and the evaluator's report is evidence, then do we
>have to subpeona the evaluator to testify as to her findings?
>I mean is the GAL talking to her about it sufficient?

The GAL's function, regardless of what you may have been told, is to represent the child's interests before the court, and not the parents'. To the extent that the GAL investigates the evaluator's findings, and makes findings and conclusions, those findings and conclusions are inadmissible multiple hearsay, if objected to by either parent, because they are first, the findings and conclusions of the evaluator, contained in a report,  and then filitered by the GAL.

If you want YOUR interests advanced, then you need to subpoena the evaluator to testify directly to his/her findings and conclusions (i.e., expert opinion). If you're satisfied with just the child's interests being advanced, then do nothing and take your chances.

>
>2) If not, does the GAL subpeona the evaluator, or are we to
>do it?

See #1, above.

>
>3) Is it normal for the GAL to want to meet the significant
>others of the parties in these cases? I mean what's the
>purpose of that? ( I just want to get an idea of what to
>expect)

Once again, the GAL is attempting to present a case for the child, not for either parent, so it is reasonable for the GAL to do whatever he/she believes will advance the child's interests.

This is, however, all very redundant and expensive, especially if the evaluator has already investigated.

>
>4) Is there any difference if the significant other is spouse
>or boyfriend/girlfriend? (GAL wants to meet me but didn't care
>to meet or speak to bm's boyfriend) I mean is more weight
>given to a spouse than to a live in boyfriend/girlfriend???

Yes, a spouse is more indicative of an intent to create a stable living environment. Of course, this is pretty much a joke in modern society, because marriage is about as permanent as a drawing made on an Etch-a-Sketch(r). LOL.

>
>5) Could you give me a general idea of what happens during
>these home visits?

The GAL asks questions and observes behavior and generally attempts to play amateur psychologist, only the GAL's conclusions will be given considerable weight by the court, because most judges believe attorneys more than they believe psychologists.

Don't be nervous...it's no more intrusive than an enema...although considerably less satisfying.

[SM_in_FL]

Ah, so I guess I should be prepared for a third degree enema??? Does that about sum it up?

Thanks again, Soc!!
SM