Posted On: July 28, 2009 by Meriwether & Tharp

Contested Custody in Atlanta, Georgia – Guardian ad Litem (Part 2)

In part two of our series on how to interact with a Guardian in an Atlanta contested custody case, we will discuss the positive things you should be doing to help achieve a favorable recommendation from him or her in your Atlanta contested custody case. Below you will find a list of suggestions that you should follow in every Atlanta contested custody case that involves a Guardian ad Litem. These suggestions also help the Guardian with their investigation and will help keep down to Guardian ad Litem fees in the case.

1. If you have a lawyer, meet with your Atlanta custody lawyer to find out if he or she knows the Guardian and follow their suggestions on how to communicate with the Guardian.
2. If your custody lawyer has not already done so, call the Guardian as soon as possible after their appointment and discuss with the Guardian the following:
a. What documentary items does the Guardian want or need (taped phone calls, videos, photos, e-mails, etc.)
b. Set up an appointment for your first meeting, but give yourself enough time to gather the information that you and your lawyer have determined will be helpful to the Guardian.
c. If it is a hotly contested custody case, you can ask the Guardian how they perceive themselves in their role in the case, i.e. as a visitation mediator, a counselor, a communication go-between, or just someone who will investigate the situation and give the Court a recommendation.
3. If you are represented, make sure that you have told your Atlanta contested custody lawyer everything that you might possibly tell the Guardian. It does not look good for the Guardian to call your Atlanta custody lawyer about a fact that you neglected to tell him or her.
4. Make sure you execute releases to so that the Guardian can obtain medical records, school records, etc. to make the Guardian’s job of collecting information faster and easier. This also helps to reduce the expense of the Guardian chasing down all this information.

5. Provide a list of medical and psychological personnel, along with all their contact information.
6. Provide a list of witnesses that might corroborate you story, along with all their contact information. Make sure you have reviewed this list with your Atlanta custody lawyer ahead of time.
7. Speak with the witnesses ahead of time to make sure they know to expect a call. Give them a heads up that the Guardians are also usually lawyers themselves and they have their own schedules that involve trial calendars that may require appointments to be rescheduled.
8. Cooperate with the Guardian as much as possible.
9. If you disagree with a Guardian’s proposed course of action, avoid confronting the Guardian yourself. Instead, have your Atlanta custody lawyer handle the issue. If you are representing yourself and do not have an experience Atlanta custody lawyer to turn to, then start by asking the Guardian for their reasons/rationale behind their proposal. Try to understand where they are coming from, because you might agree with their proposal after hearing the explanation. If, after hearing the reasons, you still do not agree, very calmly and simply explain why you do not agree giving specific reasons and examples to support your position.

Make sure you have an accurate understanding of what the Guardian considers an “emergency.”