When parents disagree about what is in their child(ren)'s best interests, one or both parents often turn to the courts to intervene.  In many contested cases, the court will appoint a Guardian ad Litem ("GAL") to make an investigation and report with recommendations on what is in the best interests of the child(ren).    During the course of my investigation, I often speak with doctors, counselors, examine school records, meet with the children, and fully evaluate the circumstances involved in each case.    A guardian ad litem has the ability to testify before the court in the cases involving residential responsibility, parenting time, relocation and modification cases.   A GAL cannot make orders, but does make recommendations to the parties, their attorney's and the court that provides the court with information which they can use to help them make any temporary or final orders.

If you are involved in a matter involving child(ren) and believe that a Guardian ad Litem will be appointed, it is possible for the parties to agree on the person who will serve as GAL or for either party to recommend to the court a person who is available to serve as GAL.  If you have any questions regarding my availability to serve as GAL for your child(ren), please contact me using the form below and I will be happy to speak with you further. 

1. At what age can my child decide who he/she will live with?  In New Hampshire there is no magic age in which a child can choose who he/she will live with.   This does not mean that a child's wishes are not taken into consideration.  If the court finds that the minor is a "mature minor", in that the child is of sufficient maturity to make a sound judgment, the court may give substantial weight to their preference.  The court will also take into affect any other factors which may have affected the minor child's preference, including whether the minor child's preference was based on undesirable or improper influences.  (RSA § 461-A:6 II)
2. Will my child(ren) be able to talk to the judge?   The simple answer is probably not.  Pursuant to Family Division Rule 2.8, a child shall not attend a hearing or brought to court as a witness unless the court orders the child to be present, after good cause is shown as to why the child should be present.  As a GAL, I speak with the children and have a duty to notify the court if a mature minor states a preference or if the child(ren) disagree with my recommendation, unless doing so may result in harm to the child(ren). 
3. Who pays the GAL fees?  The court, in it's order of appointment, spells out who is responsible for what portion of the GAL fees.  The court also determines if the fees are private pay or to be paid from the GAL fund.  If the court has ordered that your portion of the fees are to be paid from the fund, you must contact the Office of Cost Containment ("OCC") and set up repayment arrangements.  In that case, no deposit is required my office to start the investigation and invoices will be submitted to the court for approval and submission for payment. 
4. What documents are needed by the GAL to do her investigation?  There are two required documents, in addition to any retainer fee required, which are necessary to start my investigation.  That is the signed stipulations and questionnaire to be completed by each parent.  In addition, it is very helpful to also receive any pleadings which sets forth the issues, and all records or evidence you have collected to support your position.  Although I will collect information through the course of my investigation, it is impossible for me to know the existence of every document or agency that may have vital information pertaining to a particular case.  If a parent has documents and/or reports that supports his/her position, he/she (or their attorney) should provide my office with copies of those documents so the information can be reviewed and considered prior to making my recommendation. 
5. Do GAL's have preferences or biases towards mothers or fathers?  I often hear that one particular GAL always sides with the father, or that another particular GAL is against father's but this has not been my experience as an attorney or a GAL.  As an attorney, my practice has been pretty evenly split between representing mothers and fathers.  As a GAL, every case is unique and the focus is not on the parents but on the children, and what is in their best interests.