Guardian ad Litem Custody Questionnaires

[VirginiaMom]

What is the name of your state? Virginia

Hi - my son is going through a custody battle for his 8 year old. He has an attorney who he will also ask about this, but I'd like to get the forum's answers because you tend to give wider perspectives, and others may wonder about this too.

The Guardian ad Litem is visiting both mom's and dad's homes in the next few weeks. She had the parents fill out a 6-page "Custody and/or Visitation Questionnaire" right away (after court) and then more recently, a longer "Questionnaire for Completion of Custody Investigation" (15 pages). In addition to standard questions about work history, any arrest record, and current relationship, this second questionnaire asks about the parent's childhood, their own parents, their thoughts on raising kids and working together, etc.

My question is: Do the attorneys have access to the other parent's questionnaires?

It probably sounds like a dumb question but I'm just wondering if it's considered "on the record." Like a mini-deposition ...? Do you have any experience with (or is there anything in the law about) whether this kind of thing can or cannot be shared?

I'm asking because during the first hearing, the mother was dishonest about the number of times she's moved the child, her employment history, etc., two things that are hard to prove. A document like this where she's certifying the answers to be accurate and true would be helpful as our lawyer presents facts to the judge that help him make the best decision for my grandchild.

Thanks for any insight.

 

[Ohiogal]

Most likely not because it is part of the GAL's investigation.

 

[stealth2]

Beat me to it, OG. Was going to say that you would be able to answer more definitively, but I believed the questionnaires would not be provided to the other party/their attorney. I know they weren't in my case (in NY).

 

[TigerD]

What is the name of your state? Virginia

Hi - my son is going through a custody battle for his 8 year old. He has an attorney who he will also ask about this, but I'd like to get the forum's answers because you tend to give wider perspectives, and others may wonder about this too.

The Guardian ad Litem is visiting both mom's and dad's homes in the next few weeks. She had the parents fill out a 6-page "Custody and/or Visitation Questionnaire" right away (after court) and then more recently, a longer "Questionnaire for Completion of Custody Investigation" (15 pages). In addition to standard questions about work history, any arrest record, and current relationship, this second questionnaire asks about the parent's childhood, their own parents, their thoughts on raising kids and working together, etc.

My question is: Do the attorneys have access to the other parent's questionnaires?

They had better.

It probably sounds like a dumb question but I'm just wondering if it's considered "on the record." Like a mini-deposition ...? Do you have any experience with (or is there anything in the law about) whether this kind of thing can or cannot be shared?

They are statements by a party. They will be admissible as prior inconsistent statements if necessary.

I'm asking because during the first hearing, the mother was dishonest about the number of times she's moved the child, her employment history, etc., two things that are hard to prove. A document like this where she's certifying the answers to be accurate and true would be helpful as our lawyer presents facts to the judge that help him make the best decision for my grandchild.

If you can prove she is lying, it will be helpful.

TD