35 Questions to Ask a Guardian Ad Litem

If you’re going to involve a guardian ad litem (GAL) in your divorce process, then you might want to know if they’re the best one for you.

A guardian ad litem is a court appointee, whose duty is to represent a child during certain situations, such as child custody matters, or in the divorce process where the court perceives the child’s interest is not well represented.

As a parent you can request a GAL yourself, however, it’s up to the court to decide if it’s necessary.

To decide if the GAL is the best one for you and your child, there are certain questions to ask them. 

In this article, I’ll be taking you through 35 relevant questions you can ask them to ensure your interest and that of your child are well-represented.

35 Questions to Ask a Guardian Ad Litem

There are numerous questions to ask a guardian ad litem. However, certain questions that are relevant to your case should be at the top of your list.

Some of them include “Why did the court recommend you?”, “What training have you undergone?”, and “What experience was most challenging, and how did you manage it?”

Below are 35 questions to ask a guardian ad litem:

1. Why did the court recommend you?
2. What will be your duty here?
3. What educational qualifications do you have?
4. Are you licensed?
5. What training have you undergone?
6. What information do I have to provide?
7. How will you use the information we provide?
8. How will the investigation process go?
9. How long will the process take?
10. How many sessions per week are we looking at?
11. How many hours do I have to sit per session?
12. Can I get a written report at the end of the investigation?
13. How do I know you have my child’s interest at heart?
14. Will you need to make further investigations outside here?
15. Will you carry us along with any further investigations?
16. How long have you been practicing as a guardian ad litem?
17. What experience have you had working with other clients?
18. Have you had a similar case recently?
19. What experience was most challenging, and how did you manage it?
20. Why did you choose to be GAL?
21. Will you be talking to my child first?
22. What if my child refuses to speak?
23. Do both parents need to be present?
24. Do you handle online sessions?
25. How conversant are you with the court system?
26. Can you get recommendations from previous clients?
27. What’s your charge?
28. How do you handle the disparity in answers provided?
29. Can you handle therapy for my child?
30. Will you need to speak to both parents separately?
31. How do you assure us that what is discussed here stays with us?
32. Do our lawyers need to be present?
33. What happens if we the parents don’t agree?
34. Can you follow up when all is over?
35. Are there more important things we need to know?

Why Did the Court Recommend You?

 One of the first questions to ask a guardian ad litem is “Why did the court recommend you?” 

This question is necessary if the court made the recommendation themselves. 

Also, it requires them to tell you more about themselves and why the court sent them and not someone else. They’ll need to convince you that they’re the best person for the job.

What Will Be Your Duty Here?

“What will be your duty here?” is another question to ask a GAL. This question requires them to extensively explain more about their job, and how it concerns them, and their child.

While you might’ve been informed that they are there to act in the best interest of your child, just like a lawyer acts in the interest of their client, hearing how they go about their duty is important.

What Educational Qualifications Do You Have?

A guardian ad litem can be a lawyer, social worker, counselor, marriage therapist, or psychologist.

Depending on the nature of the divorce or whatever situation that needs them, the court can appoint any of these individuals to stand in for your child or children.

So, this is a necessary question to ask a GAL to find out what educational qualifications they have.

Are You Licensed?

Another necessary question to ask a guardian ad litem is “Are you licensed?”

Before an individual can identify as a GAL, they must be licensed by the necessary authority in that area.

So, you should ask them if they’re licensed before proceeding to work with them. Also, they should be able to produce proof with their answer.

What Training Have You Undergone?

Another question to ask a GAL is whether they’ve undergone any training. Even with their educational qualification, before someone can qualify as a guardian ad litem, they’d need to go through the necessary training.

So, you should ask them what kind of training they took.

What Information Do I Have to Provide?

Another question to ask a guardian ad litem is about the information you need to provide for them.

Since GALs are meant to represent the child and nobody else, they’ll need information about the child. And as a parent, there are questions they’ll ask you.

Some of this information includes the current living situation of the child, how they communicate with their parents, how they handle discipline, the child’s preference for custody, and many more.

Also, they’re likely to ask you questions, as it relates to you and your spouse.

How Will You Use the Information We Provide?

“How will you use the information we provide?” is another question to ask a GAL. This is a necessary question that helps you understand how the process is going to be.

Guardian ad litem asks questions about the child to understand how best to help them. And the information you provide is what they’re going to use.

How Will the Investigation Process Go?

You should also ask a guardian ad litem how the investigation process will go.

Will they ask your children questions? Will they ask other people? Will they need to report to the court?

These are some of the questions to find out from them.

How Long Will the Process Take?

Another thing you might need to find out from a guardian ad litem is how long the investigation process will take.

This question is important so you can plan yourself accordingly.

A guardian ad litem investigation can take as long as a few weeks to months. The length of the whole process depends on certain factors including gathering information, interviews, and preparing reports.

Also, the workload of the court can affect the length of the process.

How Many Sessions Per Week Are We Looking at?

You might also want to find out about the number of sessions you’ll sit for in a week. It’s a necessary question to help make adjustments where you need to.

How Many Hours Do I Have to Sit Per Session?

“How many hours do I have to sit per session?” is another question to ask a guardian ad litem.

It’s a necessary question so you can make preparations for it. For instance, if you need to get permission from work, you need to know how many hours you’ll be asking for.

Can I Get a Written Report at the End of the Investigation?

At the end of the investigation, the GAL compiles a report from the findings and investigations.

So, you might want to know if you’ll be getting a copy of the report. Usually, the written report is presented to the court and the respective parties and their attorneys.

How Do I Know You Have My Child’s Interest at Heart?

Another important question to ask a guardian ad litem is “How do I know you have my child’s interest at heart?” 

Of course, you already know that the GAL is there to represent your child. However, how are you sure they truly have the child’s interest at heart?

By asking them this question, you’ll hear from them how genuinely they intend to pursue your child’s interest.

Will You Need to Make Further Investigations Outside Here?

As I’ve already established, guardian ad litems make findings by conducting interviews with the parents and children.

Also, they ask other people who are involved in the child’s life, like the teachers, nanny, therapists, or other adults.

So, you can ask them if they’re going to talk to people outside you and your spouse and whom they will be talking to.

Will You Carry Us Along with Any Further Investigations?

“Will you carry us along with any further investigations?” is another information you might want to get from a GAL.

After interviewing you and your spouse, your children, and probably others around, the GAL might still go ahead to further investigate.

So, you should ask them if they’re going to carry you along. You wouldn’t want to find yourself investigating them when the process begins because they’re not carrying you along.

Notwithstanding, a GAL reserves the right to keep any information they want from you or your spouse. After all, they are your child’s representative.

How Long Have You Been Practicing as a Guardian Ad Litem?

Another thing you should find out from a guardian ad litem is how long they’ve been in the practice.

While it takes one day for someone to start, and it takes working with someone to gain experience, it doesn’t make your needing an experienced person irrelevant.

So, you can ask them how long they’ve been in practice to know whether you’re okay with them or not.

What Experience Have You Had Working with Other Clients?

You can also ask them to share the experience they’ve had working with other clients.

They surely must have something to say about the process, about whether they encountered any difficulty and how they worked through them if they did.

Also, if they’ve had an interesting experience so far, they can share.

Have You Had a Similar Case Recently?

Another thing to ask a guardian ad litem is “Have you had a similar case recently?” 

Whether you’re going through a divorce, a violence-related issue, or any situation, they might’ve handled cases similar to yours before. So, you can ask them about them and how they handled them.

What Experience Was Most Challenging, and How Did You Manage It?

Another thing you can ask a guardian ad litem is about challenges they have faced in the past and how they overcame them.

With a job like theirs, challenges wouldn’t be new to them; from anything from uncooperative spouses, and difficult children, to several other unforeseen factors.

So, you can ask them to tell you about these things.

Why Did You Choose to Be a GAL?

Another thing you can ask a guardian ad litem is “Why did you choose to be a GAL?” 

This question can help you learn more about them and the passion they have for the job. Moreover, it’s a great way to relax and get comfortable with them.

Will You Be Talking to My Child First?

“Will you be talking to my child first?” is another thing to ask a GAL.

As I’ve previously mentioned, a guardian ad litem will not only interview you but also your child. 

They’ll need to hear from the child how they feel. Certain questions they will ask include how their parents treated them, whom they’d like to live with, and other questions concerning their well-being depending on their age and understanding.

What if My Child Refuses to Speak?

Another very important question you shouldn’t fail to ask a guardian ad litem is how they’ll handle a situation where your child or children don’t speak.

It’s possible that when they interview the child, they might refuse to talk. A scared child doesn’t trust easily, and one facing one of sort trauma or the other might find it difficult to answer the GAL questions.

So, you might need to know how they intend to manage such a situation.

Do Both Parents Need to Be Present?

You might also want to find out if you and your spouse need to be present during the entire process.

If you and your spouse are already separated, it might not be easy for both of you to be always present. However, if it’s important that you both need to be there at all times, then you should know about it before starting the process.

Do You Handle Online Sessions?

You can ask a guardian ad litem if they handle online sessions.

It’s a necessary question if you know it might be difficult for you to always be physically available.

How Conversant Are You with the Court System?

You should also find out how familiar they are with the court’s working system. 

Since they’re appointed by the court to represent your child, then they should be familiar with the court’s rules as they concern your case.

Whether they’re a lawyer, social worker, or psychologist, they should at least familiarize themselves with the necessary details.

Can You Get Recommendations from Previous Clients?

You can also ask them to provide references from previous clients they have worked with.

These references can help you trust them more with your child’s welfare.

What’s Your Charge?

You should ask a guardian ad litem what their charges are. Charges are usually split between both spouses.  

However, depending on the nature of the care and those involved, other parties like social workers could be in charge of paying the GAL.  

Additionally, spouses who can’t afford payment can write to the court for a fee waiver.

How Do You Handle Disparity in Answers Provided?

You should also ask a guardian ad litem how they intend to handle a situation when there’s dishonesty.

It’s possible that the child could say one thing, while the parents or parent say another. Also, if children are involved, they can likely say different things to the same questions asked.

It can be difficult to manage such a situation. However, that’s why GALs conduct interviews outside the family and make thorough investigations before making a report.

Can You Handle Therapy for My Child?

If your child needs therapy, you might want to know if the GAL can take care of that. If it’s something they can’t handle, then they might be able to recommend who will take care of that.

Will You Need to Speak to Both Parents Separately?

A GAL, apart from speaking to you and your spouse together, they’ll also need to speak to you both separately. This is usually during the initial meeting, and some other home visits if they need to speak to you alone.

How Do You Assure Us That What Is Discussed Here Stays with Us?

Confidentiality is very important in this case. So, you should ask a guardian ad litem how they intend to provide that. While they’re going to ask others questions, they should also know how to protect your interests.

Do Our Lawyers Need to Be Present?

During the first meeting with the GAL, your attorney shouldn’t be present.

However, during other meetings, you reserve the right to ask for the presence of your attorney. Notwithstanding, there are situations where the GAL would want to meet with you alone without an attorney.

What Happens if We the Parents Don’t Agree?

You should also find out how a GAL intends to handle a situation when both parents refuse to agree.

Usually, the GAL works with the court in the interest of the child, and they’ll make reports to the court. So, even if there’s no agreement between both parents, the court makes the final decision in the end.

Can You Follow Up When All Is Over?

You might want to know if a guardian ad litem will keep in touch when all is over. Even after the court makes the final decision, the GAL might still keep in touch to inquire about the welfare of the child.

Are There More Important Things We Need to Know?

Finally, you should ask a guardian ad litem if there’s any other thing you should know.