If you have a custody and visitation matter before a Juvenile and Domestic Relations District Court in Virginia, there is a chance that the court will appoint a guardian ad litem (“GAL”). The GAL will be a local attorney certified to serve as a GAL. The purpose of the GAL, per Virginia Supreme Court Rules 8:6, is to “vigorously represent the child, fully protecting the child’s interest and welfare.” It is the GAL’s job to tell the court what he or she believes is in the child’s best interests.
Following the appointment of the GAL, the parties to the case will receive an order containing the name and phone number of the GAL. The court has the discretion to appoint a GAL even over the objection of both parties to the case. The GAL will not be permitted to speak with any … Read More »
When most people hear the phrase “teen pregnancy,” they think only of the teenage mothers. But, there are also teenage fathers. Under the law in Virginia, a teenage boy can be determined by the court to be the father of a child, and can be ordered to pay child support for that baby. In proceedings to establish paternity, establish a child support obligation or enforce a child support obligation, teenage boys cannot escape the court’s ruling because of their age.
Pursuant to Virginia Code Section 20-49.6, a teenage boy between 14 and 18 years of age can be determined by the court to be the father of a child and ordered by the court to pay child support for that child as if he were an adult, if (1) the teenage boy is represented by a guardian ad litem, and (2) the teenage boy has … Read More »
If a guardian ad litem (GAL) is appointed by the court in your custody case in Virginia, what do you need to know? First of all, the GAL is an independent operator on behalf of the children’s best interests. They are like a “roving judge” in your case, empowered to interview parents, children, third parties, and to observe the home environment. They eventually report back to the judge at trial with their findings and recommendations.
Black’s Law Dictionary defines a GAL as “a guardian, usually a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.” Rule 8:6 of the Rules of the Supreme Court of Virginia describes the role of GALs as follows:
The role of counsel for a child is the representation of the child’s legitimate interests. When appointed for … Read More »