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Does a guardian ad litem have to have proof of allegations of abuse?

Lynnwood, WA |

What kind of proof does a guardian ad litem needs if one parent is accusing the other parent of emotional, physical,isolation, not taking care of the child, not feeding or clothing the child well and so on? Does the guardian just goes by what one parent says about the other without facts or do they need hard evidence to make a report and their recommendation about the child? We are talking about a 15 year old teenager who wants to be heard. Can the guardian even make a report without getting the proof and talking to everyone involved?

Attorney Answers 3


Each GAL has their own way of doing things -- there is no blueprint. My advice is to hire counsel with a good deal of experience who can assist or ask the GAL yourself, which would be wise since the GAL is likely to go on line as apart of his/her investigation and may discover this post.

The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

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Your question is difficult. Proof is in fact what people are willing to say. However, when two people tell the exact opposite story - what is the truth. It is amazing how many people just cannot believe someone would believe a pack of lies. However, when people are willing to lie - they are also usually planning to swear those things under oath. What many guardian ad litems attempt to do is to look for collateral sources that might show which story is closer to the truth. GAL's can also speak with healthcare providers and form opinions based on evidence that is otherwise inadmissible.

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One of the reasons why a GAL is appointed is so the judge has more than just he said she said evidence. The GAL will make conclusions and recommendations to the court. If these conclusions are made from conjecture without much proof to back them up thecourt is less likely to adopt them.

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