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Washington WPF PS 10.0800 - Motion and Declaration for Order Appointing Guardian Ad Litem - MTAPGL

State:
Washington
Control #:
WA-0892-08
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Definition and meaning

The Motion and Declaration for Order Appointing Guardian Ad Litem is a legal document used in Washington to request the court to appoint a Guardian ad Litem (GAL) for minors involved in legal proceedings. A GAL is a person appointed by the court to investigate and make recommendations regarding the best interests of the child. This form is essential in matters where the child's welfare is a primary concern, ensuring that their voice is heard during court decisions that affect them.

Who should use this form

This form should be utilized by any party involved in a legal case where a minor's interests are at stake. Generally, this includes parents, guardians, or any party petitioning the court in matters such as custody disputes, child support cases, or family law proceedings. Individuals seeking to ensure that the child's best interests are represented in court should consider filing this motion.

Key components of the form

The key components of the Motion and Declaration for Order Appointing Guardian Ad Litem include:

  • Petitioner's Information: Details of the individual filing the motion.
  • Minor's Information: Information about the children for whom the GAL is being sought.
  • Reasons for Appointment: A declaration outlining the necessity for appointing a GAL.
  • Continuation of Appointment: Duration for which the GAL is required.
  • Fee Allocation: How the GAL's fees will be managed.

State-specific requirements

In Washington State, specific requirements must be met when filing the Motion and Declaration for Order Appointing Guardian Ad Litem. These include:

  • The motion must be filed in accordance with applicable Washington state laws, particularly those outlined in RCW 26.09.220 and RCW 26.26.510.
  • The document must contain precise information regarding the minor's relationship to the parties involved.
  • Applicants need to provide evidence supporting the necessity of a GAL for the minor's welfare.

Benefits of using this form online

Using the Motion and Declaration for Order Appointing Guardian Ad Litem online offers several advantages:

  • Accessibility: Users can access and fill the form at their convenience from any location.
  • Time-saving: Completing the form online often reduces processing time, facilitating quicker submissions.
  • Guidance: Online platforms typically provide helpful instructions and resources to assist users in accurately completing the form.

Common mistakes to avoid when using this form

When completing the Motion and Declaration for Order Appointing Guardian Ad Litem, individuals should be aware of common pitfalls:

  • Incomplete Information: Failing to fill out all required sections can delay the process.
  • Insufficient Justification: Not providing enough detail in the declaration can weaken the request.
  • Incorrect Filing: Submitting the motion to the wrong court can lead to dismissal.

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FAQ

A guardian ad litem is a ward's legal advocate in a single court action.On the other hand, a guardian has overall legal authority to make personal and financial decisions for a child or incapacitated party, although the title may not be permanent.

Pay them. It is very important to make sure GAL fees are paid. Be accessible and helpful. Don't badger or pester them. Be honest. Let them do their jobs. Remember they are the voice for your kids. Don't attack the other side.

Guardian ad Litem (GAL) To become a GAL, an individual must complete an approved training program, provide background information to the court(s) in which the GAL wishes to serve, and meet all eligibility requirements set by local court rule or policy.

Often, though not always, the judge does agree with the guardian ad litem. Generally speaking, guardians ad litem are really well respected, and they're an important part of a custody case.Guardians ad litem are attorneys, too, but they're trained to deal with kids.

The typical GAL in Snohomish County, Washington (where the author of this article practices) charges $75 $250 per hour and requires an advance fee deposit (retainer) of $1,500 $3,500. The court normally apportions these fees between the parties 50/50 or based on the parties' proportionate incomes.

First Impressions at the GAL Office. As the saying goes, You never get a second chance to make a first impression. This is definitely the case with a GAL. First Impressions at the Home Visit. Don't Put the Child in the Middle. Be Honest. Stay In Touch.

You can ask the judge to appoint a GAL or a Probation Officer to help decide which parent should have custody. File a motion that asks the judge to appoint a GAL or order the Probation Department to investigate. If the other parent asks for custody, you can respond by asking the judge to appoint a GAL.

A Guardian ad Litem, commonly referred to as a GAL, is a person appointed by the Court to investigate the facts of any proceeding pending in the court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations.

The Florida Guardian ad Litem Program is committed to five core values: Commitment to Children; Communication Built on Trust; Collaboration; Collective Empowerment and Courtesy, otherwise known as the 5 C's.

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Washington WPF PS 10.0800 - Motion and Declaration for Order Appointing Guardian Ad Litem - MTAPGL