Parents going through a child full custody dispute need to know the difference between a GAL and Family Court Clinic.
At times, parents going through a breakup or divorce disagree on child full custody and parental visitation issues. When this happens, the parents must travel through the legal system. In doing so, parents often encounter confusing legal procedure and phrases.
Parents going through a child legal custody or parental visitation case will repeatedly hear the terms GAL and Court Clinic. Let’s unpack the differences between a GAL and Court Clinic in Albuquerque, NM.
DECIDING CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION
After a marital separation or divorce, there are two common paths that parents travel to determine child full custody and parental visitation. The first path involves amicable agreements. With this path, the parents civilly agree on issues relating to the children. These issues include:
- Child Full Legal Custody;
- Parental Visitation; and
- Child Support.
Alas, all child full legal custody cases are not amicable. Parents that disagree on child full legal custody, parental visitation, or child support follow a second path that involves litigation. You see, parents that disagree on child full custody and parental visitation issues place those issues into a judge’s hands. For better or worse, the judge has immense power to determine the appropriate child legal custody and parental visitation schedule.
DECIDING A CHILD’S BEST INTERESTS
A judge’s decision regarding child legal custody and parental visitation is guided by the child’s best interests. Judges generally decide child full custody and parental visitation issues in one of three ways:
- By appointing a GAL;
- Referring the parties to Court Clinic; or
- Scheduling an evidentiary hearing.
Commonly, before an evidentiary hearing is held, the judge refers the parties to either a Guardian Ad Litem or Court Clinic. The judge does so to uncover information and evidence that is difficult to uncover during a hearing.
Based on the civil rules of evidence, some essential evidence is difficult to introduce during a hearing or trial. For instance, it is difficult to introduce a child’s opinion, perspective, or desires during a hearing. A child’s point of view is difficult to introduce because New Mexico courts do not subject children to the stress of litigation. In other words, NM courts do not force children to testify in court.
Instead, New Mexico courts usually appoint a GAL or Court Clinician to speak with the child. In doing so, the appointed person speaks with the child outside of court. Additionally, this person may also speak with the child’s counselor or therapist. A child’s counselor or therapist are usually prevented from testifying in court based on confidentiality issues. As such, the Guardian Ad Litem can speak with the child’s providers, uncovering information that may be privileged and inadmissible. In doing so, the GAL/Court Clinician can develop an informed opinion regarding the child’s best interests.
In turn, the GAL or Court Clinician then testifies in court regarding the child’s best interests.
GUARDIAN AD LITEM (GAL)
A Guardian Ad Litem (GAL) is a court appointed attorney that represents a child’s best interests. At their cores, the GAL process and Family Court Clinic are relatively similar. Both processes involve an individual uncovering information to make recommendations regarding a child’s best interests.
A key difference is time and money. Regarding time, due to the Court Clinic’s availability, often a GAL can begin the investigation quicker than Court Clinic. Moreover, because of Court Clinic’s availability, the GAL process is often more comprehensive.
For example, the GAL process often lasts for several months. During this time, the Guardian Ad Litem can conduct a home visit, speak with family members, and conduct follow-up evaluations. Conversely, the Court Clinic process usually occurs in a single day and lasts several hours.
In other words, the GAL process is usually more extensive and comprehensive than court clinic. Unfortunately, an extensive and comprehensive process also equals more expense. In this respect, the Guardian Ad Litem process is FAR more expensive than Family Court Clinic. In general, Court Clinic costs a few hundred dollars. On the other hand, the GAL process usually costs around $5,000 or more.
FAMILY COURT CLINIC IN ALBUQUERQUE, NM
Family Court Clinic is a relatively low-cost service that helps parents with child legal custody and parental visitation issues. Family Court Clinic provides the following services:
- Mediation;
- Brief Consultation;
- Scheduled Consultation; or
- Advisory Consultation.
The service provided depends on the case’s facts and complexity.
The Scheduled Consultation is an extensive and time-consuming process. The Scheduled Consultation is appropriate for complex cases that involve substantial issues. However, not every family case involves chronic and complex issues.
Some custody issues can be resolved through either mediation, or a Brief Consultation.
In other words, Family Court Clinic provides a range of services that are based on the case’s facts and complexity. More complex cases require more in-depth services. In turn, a more comprehensive service requires more time to complete.
FAMILY COURT CLINIC SERVICES AND OPTIONS
Mediation involves relatively low-conflict cases. These cases involve parties that are willing to talk and have a history of reaching agreements. Albuquerque courts prefer for parties to attempt mediation, before seeking more comprehensive services.
A Brief Consultation is a short examination. A Brief Consultation is appropriate when the child’s needs, or concerns, are not immediate. This examination is followed by a “Report Back Hearing.” At this Hearing, the Clinician presents testimony regarding the child’s best interests. In turn, the judge is highly influenced by the Court Clinician’s testimony and recommendations.
A Scheduled Consultation is appropriate when the child’s needs are not immediate, the family has chronic or complex issues. A Scheduled Consultation also involves a Report Back Hearing. At this Hearing, the assigned Clinician testifies about the child’s best interests. This testimony is based on the information uncovered during the Scheduled Consultation.
An Advisory Consultation is for the most chronic and challenging child full custody or parental visitation cases. Accordingly, an Advisory Consultation is the most comprehensive service provided by Family Court Clinic. Based on the AC’s extensive process, a Judge and Court Clinic Director must approve the AC before the process beings.
ALBUQUERQUE FAMILY LAW AND CHILD CUSTODY LAWYERS OR ATTORNEYS
Do you have questions about the difference between a GAL and Family Court Clinic in Albuquerque? Also, are you looking for the best child custody attorneys in Albuquerque? At times, finding the best child custody lawyer or attorney takes a bit of searching.
Matthew Sanchez is an experienced Albuquerque child custody lawyer near you. For more than a decade, Sanchez has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful Albuquerque child custody lawyer/attorney. Talk to (505) SANCHEZ.
