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The parents must first try mediation to reach an agreement, unless the court waives that requirement.

If no agreement reached, the court will appoint a GAL to assist the court in deciding custody or placement.

Much of the investigation is called “informal discovery,” which is conducted through interviews with each parent, the child, or other people with significant information.

You may also be asked to sign a release authorizing the GAL to review relevant records, such as school, medical, or mental health records.

The GAL will meet with both parents, usually separately and in the GAL’s office. The GAL will decide when and where to meet with your child, which could be in the GAL’s office, each parent’s home, or another location.

Because the GAL is an attorney, the GAL investigates facts that are relevant to the issues in your case.

“Legal custody” means making major decisions affecting your children, such as medical care, education, and religion.

Legal custody, physical placement, and child support issues must be decided to ensure that your children’s needs continue to be met.

A GAL is appointed by a family court commissioner or judge, usually upon request of one of the parents.

The procedure varies – some counties have lists of attorneys who take GAL appointments, other counties have contracts with specific attorneys for GAL appointments.

The GAL will investigate the facts, participate in negotiations, and take a position in court on legal custody and placement.

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