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Investigators vs. Guardians ad Litem

In cases involving custody and visitation, judges often appointed others to assist them in making decisions about the best interests of the children. These individuals are normally called either custody investigators or Guardians ad Litem. This chapter identifies and describes the different roles assumed by custody investigators and Guardians ad Litem.

The office of the Custody investigator is located at the state court building in Anchorage. Custody investigators appointed by the court from this office perform custody investigations at no cost to the parents. A financial form may be required to be filed with the court so that a determination may be made as to whether parents can afford to hire a private custody investigator. The costs of a private investigator can be great, and a court may allocate this expense between parents.

During the investigation, a custody investigator will normally interview each parent together with the parties' children during the investigation. From this meeting, the investigator will learn information which will be used in preparing the investigator's Report for the court. In the report, the custody investigator will make a recommendation as to custody and visitation which the custody investigator believes is in the best interests of the children. A custody investigator's role is that of a neutral court appointed person who can advise the court objectively about the results of an investigation.

The role of a Guardian ad Litem (also called a GAL) is different from that of a Custody Investigator, although both functions do overlap. Guardians ad Litem are appointed by the court to represent the best interests of the children in court. They too perform investigations of the facts involving the children. However, they are present in court to speak on behalf of the children. This does not mean that the GAL must always ask a judge to do what a child wants done. The GAL listens to the children, however, the GAL must decide whether what the child wants is best for the child. A court will decide who pays for a GAL. Sometimes the parents must pay, and sometimes the state must pay.

It is not necessary that a custody investigator or a GAL be an attorney, although some attorneys do serve in these roles. Instead, these individuals should have education and experience in childhood development.

Meeting with a Custody Investigator

Custody investigators are appointed by the court to assist a judge in determining issues of custody and visitation. A custody investigator will normally interview each parent together with the parties' children during the investigation. From this meeting, the investigator will learn information which will be used in preparing the investigator's Report for the court. In the report, the custody investigator will make a recommendation as to custody and visitation which the custody investigator believes is in the best interests of the children.

Prior to the meeting, make certain that you and your children are properly dressed in clean clothes, and well groomed. This affects the first impressions given to the investigator. It should go without saying, but do not drink any alcohol or take any non-prescription drugs prior to your meeting. If a child is ill, explain this to the investigator at the start of the appointment. During your meeting, interact with the children as often as possible. If there is a book or particular toy that the child enjoys, it may be wise to bring that to the meeting and use it during the observation period. Your interactions with the children will be closely monitored during the meeting. Do not ignore them, or spend all of the interview talking to the investigator. Make sure that you and the children get enough sleep the night before the meeting, and that the children eat well during the day. Do not let the children simply run wild and get out of control: set appropriate limits on their behavior. Do not hit the children, yell at them, or make negative statements about the other parent in front of the children. Try to have fun with them. It may be wise to discuss the meeting with the children prior to attending the interview, to let them know what will happen and what you expect from them regarding their behavior.

This meeting can have a great impact on the report given by the custody investigator. Parents unprepared for the meeting often later regret statements in the report as a result of an interview which does not go well. At the short meeting, a virtual stranger will be watching you and your children interact, perhaps for the only time, and will form an impression which may influence a decision as to which parent should have custody and care of the children. Many parents are unaware of the importance of the custody investigator's role in the case, and unprepared to assist the investigator in making his or her recommendation. As a result, many parents make mistakes which result in decisions which are adverse to their desires for custody or visitation of their children. This chapter explores this subject and explains steps which can be taken to increase the chances of receiving a favorable recommendation from the custody investigator.

Judges normally do not have the time or desire to make a thorough investigation in cases when custody is in dispute. The role of a judge is to hear evidence, and it is difficult or impossible in a short hearing or trial to make difficult determinations about children which may affect the rest of their lives. Judges therefore delegate this task to custody investigators, who often themselves are overwhelmed with many investigations to perform, small staffs, and little time in which to complete their reports.

It is often important to consult with an attorney as soon as possible in order to make preliminary decisions and to take appropriate action regarding custody matters. Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including domestic violence and other abuse issues, adoption, divorce, custody, and child support. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).