Guardian ad litem

At times there may be situations involving various behavioral and social issues where the court turns to us, as mental health professionals experienced in forensic matters, to assist in making determinations as to what future plans may be in the best interests of children. A Guardian Ad Litems ("GAL") works with both parents to help resolve differences where possible, and serves as an advocate for children's needs, rather than as a partisan in the dispute between parents, for the court. A GAL is often preferable when there are narrow issues not necessarily requiring a formal Child Custody Evaluation, or where there is need for a day-to-day problem solving approach to complicated family issues.

According to the Texas Family Code Sec. 107.001.  DEFINITIONS.  (5) "Guardian ad litem" means a person appointed to represent the best interests of a child.  The term includes:

(B)  a professional, other than an attorney, who holds a relevant professional license and whose training relates to the determination of a child's best interests;

Sec. 107.002.  POWERS AND DUTIES OF GUARDIAN AD LITEM FOR CHILD.  (a)  A guardian ad litem appointed for a child under this chapter is not a party to the suit but may:

(1)  conduct an investigation to the extent that the guardian ad litem considers necessary to determine the best interests of the child;  and

(2)  obtain and review copies of the child's relevant medical, psychological, and school records as provided by Section 107.006.

  (b)  A guardian ad litem appointed for the child under this chapter shall:

        (1)  within a reasonable time after the appointment, interview: (A) the child in a developmentally appropriate manner, if the child is four years of age or older; (B)  each person who has significant knowledge of the child's history and condition, including educators, child welfare service providers, and any foster parent of the child; and (C)  the parties to the suit;

       (2)  seek to elicit in a developmentally appropriate manner the child's: (A)  expressed objectives; and (B)  opinion of and concerns regarding the child's current or proposed placement;

      (3)  consider the child's expressed objectives without being bound by those objectives;

      (4)  encourage settlement and the use of alternative forms of dispute resolution; and

      (5)  perform any specific task directed by the court.

(b-1)  In addition to the duties required by Subsection (b), a guardian ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall: (1) review the medical care provided to the child; (2) in a developmentally appropriate manner, seek to elicit the child's opinion on the     medical care provided; (3) for a child at least 16 years of age, ascertain whether the child has received the following documents: (A)  a certified copy of the child's birth certificate; (B)  a social security card or a replacement social security card; (C)  a driver's license or personal identification certificate under Chapter 521, Transportation Code; and (D)  any other personal document the Department of Family and Protective Services determines appropriate; and (4)  seek to elicit in a developmentally appropriate manner the name of any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services.

(c)  A guardian ad litem appointed for the child under this chapter is entitled to: (1)  receive a copy of each pleading or other paper filed with the court in the case in which the guardian ad litem is appointed; (2)  receive notice of each hearing in the case; (3)  participate in case staffings by the Department of Family and Protective Services concerning the child; (4)  attend all legal proceedings in the case but may not call or question a witness or otherwise provide legal services unless the guardian ad litem is a licensed attorney who has been appointed in the dual role; (5)  review and sign, or decline to sign, an agreed order affecting the child; (6)  explain the basis for the guardian ad litem's opposition to the agreed order if the guardian ad litem does not agree to the terms of a proposed order; (7)  have access to the child in the child's placement; (8)  be consulted and provide comments on decisions regarding placement, including kinship, foster care, and adoptive placements; (9)  evaluate whether the child welfare services providers are protecting the child's best interests regarding appropriate care, treatment, services, and all other foster children's rights listed in Section 263.008; (10)  receive notification regarding and an invitation to attend meetings related to the child's service plan and a copy of the plan; and (11)  attend court-ordered mediation regarding the child's case.

(d)  The court may compel the guardian ad litem to attend a trial or hearing and to testify as necessary for the proper disposition of the suit.

(e)  Unless the guardian ad litem is an attorney who has been appointed in the dual role and subject to the Texas Rules of Evidence, the court shall ensure in a hearing or in a trial on the merits that a guardian ad litem has an opportunity to testify regarding, and is permitted to submit a report regarding, the guardian ad litem's recommendations relating to: (1)  the best interests of the child; and (2)  the bases for the guardian ad litem's recommendations.

(f)  In a nonjury trial, a party may call the guardian ad litem as a witness for the purpose of cross-examination regarding the guardian's report without the guardian ad litem being listed as a witness by a party.  If the guardian ad litem is not called as a witness, the court shall permit the guardian ad litem to testify in the narrative.

The role of a GAL is as an advocate the child or children rather than either parent in the dispute between the parties. The GAL makes a special effort to put children at ease and minimize disruption in their lives. Parents may help prepare them for our sessions together by letting them know the GAL work with parents to help them make decisions about how to take care of children. Parents can also say that The GAL will need to talk to them about their thoughts and feelings about their lives so The GAL can help parents with parents decisions. Please do not tell children The GAL are to decide where they will primarily live – this is both incorrect and places an inappropriate burden on children that they must somehow choose who they want to live with. Children will generally not be asked with whom they want to live or which parent they like better. Our goal is to provide the court information on how each parent contributes to the physical, emotional and social development of the child or children in question, and to make recommendations to the court as to what appears to be in the children’s best interests. It is ultimately up to parents to make decisions for their children, even if that decision is to place parenting issues before the court.

In order to begin services with families, the following 8 fully completed intake forms must be on file for each adult along with a copy of the Order and the retainers:

1. a fully completed personal data form
2. attorney release form
3. mental health professional release form
4. medical release form
5. consent for teleservices
6. a completed service form
7. a nonaltered signed copy of the advisement form with initials on each page
8. notice of privacy practices
9. a copy of the court order appointing Mr. Craig as the Guardian Ad Litem
10. $5000.00 ($2,500.00.00 per parent) retainer from each parent made out to Between Two Homes and mailed to the mailing address. The court may order each participant to pay an equal share of the fees, assign one participant to pay all costs, or order a disproportionate split of the fees for services. Do send the payment with tracking for your protection, but do not send it certified signature required. Please include a cover note with the last name of the child(ren), service you are paying for, cause number, and name of the person the check is for if it does not match the name on the check. Post dated checks and credit cards are not accepted for the initial retainer. Do not attempt to deliver payment to the offices of Mr. Craig. 

Please deliver each complete form (not separate pages of each form) separately via .pdf scan to brad@childreninthemiddle.com or fax (972) 704-2912. Once all the forms are fully completed and on file by both parents and the retainers have been paid, an initial appointment letter will be sent to the parents to schedule the initial joint appointment. Sessions are held virtually between the hours of 9 to 5 M-Th. Because of the nature of high conflict families, it is important for us to maintain a written paper trail so phone calls will not be returned. If you have questions, please send questions via e-mail. 

Please do not send paper copies of information as we maintain digital files. If you mail your documents, you will be charged the rate of $250.00 per hour for time spent scanning documents in to digital format so you are encouraged to fax or scan your material. 

Do NOT provide further information unless requested or approved by Mr. Craig in advance.