Navigating family law can be a complex and daunting process. That's why the recent Missouri Bar Family Law Conference brought together Missouri attorneys in the field to share insights and best practices. Attorneys at The Center for Family Law were among the presenters and in attendance at the 23rd annual conference held in Branson, Missouri. Their presentations focused on managing client expectations, initial consultation, drafting documents, case management, and grandparent visitation, third-party custody, and guardianships. Initial Consultation & Managing Client Expectations To ensure a positive attorney-client relationship, it is crucial to establish clear expectations from the very beginning. This was the focus of Allison Gerli's presentation at the conference. Allison co-presented with Andrea Pate, a family law attorney and partner at The Law Office of the Ozarks. It is crucial for attorneys to establish a solid foundation of trust and communication with their clients from day one, as this sets the tone for the entire legal process. Allison stressed the significance of active listening and open dialogue during these initial meetings, allowing clients to express their concerns and goals. Allison's presentation also highlighted the importance of transparency in managing client expectations. Attorneys should provide honest assessments of their clients' cases, outlining both the strengths and potential challenges they may face. By setting realistic expectations from the outset, attorneys can help clients navigate the legal process with confidence and a clear understanding of what lies ahead. The presentation then shifted to the importance of talking to clients about process options. Often practitioners focus on the substance and overlook the process. Clients have options on how to resolve their disputes and this should be presented and supported by practitioners. The Center for Family Law prides itself on process options and educating clients on their options, whether that by an uncontested "kitchen table" style divorce, collaborative divorce process, mediation, or a semi-litigated case resolved through cooperative attorneys sitting down to work through issues. Case Management Case management is critical to providing quality services to family law clients. Ann Bauer's presentation at the conference provided valuable insights and best practices in this area. Ann co-presented with Kristen Siegel, a family law attorney and partner at Siegal & Irwin, LLC based in Lee’s Summit, Missouri. Kristin covered the importance of carefully drafting court pleadings. In terms of case management, Ann highlighted the importance of document organization, keeping track of deadlines, and timely communication with clients. Attorneys must keep track of deadlines, court appearances, and client meetings to ensure cases progress smoothly. Clear and frequent communication with clients is crucial. Clients want to know what is going on, and not to be left wondering. It is important to provide updates, address concerns, and gather necessary information for the client’s case. Ann also discussed the significance of effective document management as a part of case management. Maintaining well-organized and easily accessible files can streamline the legal process and ensure important documents and information are readily available. F.amily law cases are often document-heavy. Keeping documents organized in a systematic way can enable the attorney to prepare for settlement and trial Grandparent Visitation, Third-Party Custody, and Guardianships Hallie Van Duren delivered a two-part presentation on the complex legal issues surrounding grandparent visitation rights, third-party custody, and guardianships. Hallie co-presented with attorney Kristen Sparks, partner at Garnholz Sparks. Typically, guardianship cases involve neglect, abuse, or the inability of the biological parents to provide a suitable environment for a child. A guardian who is appointed by the Court steps into the role of a parent in all respects. A third-party custody action can similarly result in a third-party custodian stepping completely into the role of a parent, but, unlike in guardianship cases, third-party custody can in some circumstances result in a shared custody arrangement between biological parents and non-parents. Grandparent visitation involves much more limited court-ordered contact between a grandparent and a child or children while preserving the parental right to custody. Hallie outlined the legal standards and procedures for a non-parent to seek custody or visitation of a child in each of these types of cases, emphasizing the paramount concern of establishing and preserving the child's best interests. By exploring statutes, caselaw, and examples, Hallie’s presentation analyzed which type of action would be most appropriate in different circumstances. Over the course of her two-hour presentation, Hallie examined the complex legal balance of preserving relationships between children and grandparents or other third parties while respecting parental rights. Hallie offered practical guidance for Missouri attorneys in advising clients who are either seeking to establish grandparent visitation rights, guardianship, or third-party-custody or defend against such actions.

A custody proceeding can be an incredibly stressful and anxiety-provoking time for not only you but also your child. When a Guardian ad Litem or "GAL" is appointed to your case, the GAL will become a new person in your and your child’s lives. Below are some tips & guidelines for interacting with your child as they work with a GAL. The GAL is the child’s legal representative and, as such, may examine, cross-examine, subpoena witnesses, and offer testimony on behalf of the child at any hearing or trial. However, the primary role of the GAL is to make recommendations as to what he or she believes is in the child’s best interests. The GAL’s recommendation may be contrary to what the child believes is best. The GAL may make recommendations to the court as to what is in the child’s best interests regarding child custody, which may include recommendations about legal custody, physical custody, communication between parents and the child, weekly schedules, vacation time, and holiday time. After the GAL is appointed, the GAL often meets with the parents or the third parties seeking custody to start. The GAL will then meet with the child directly. The meeting may take place at school, the GAL’s office, the child’s residence, or a public location. It can be discomforting to have a new person enter a child’s life in such a personal way. It is also imperative that the GAL can enter the child’s life in as smooth a process as possible. To protect the process, you should not share with the child why a GAL has been appointed for them. Blaming or describing the opposing party’s negative behavior as the reason for the GAL’s appointment may influence their statements and impact the purity of the GAL’s meetings. GAL’s want to ensure their communication with the child is unbiased and untampered with so that the GAL can gain the most honest and reasonable assessment of the situation possible. Rather than saying, “a GAL has been appointed because Dad or Mom does X thing,” tell the child that the GAL is a new person to talk with them about this transition with their parents. Assure them that this person is there for them, and they should try to have an open conversation about their feelings and concerns about the situation. The GAL will introduce themselves to the child in the way they see fit, but you can let the child know ahead of time that they are meeting with the GAL and that this will be a safe space for them. Remind the child that they can and should be honest with the GAL and that the GAL is there to help bring their voice into the process. You can emphasize that they can truthfully answer any question the GAL asks and that it is also okay to ask the GAL any questions of their own. You can also tell the child that they may meet with this person more than once, which is often the case, so if they do not remember everything at the first meeting or do not know the answers to any questions, that is okay. If the child remembers an answer to a question later, you can offer to help them contact the GAL to provide the answer. GALs often have different policies for communicating with the child while the case is pending and how often they will meet with them. It is best to ask the GAL assigned to your case about their policies in advance. To respect the privacy of the GAL’s relationship with the child, please refrain from asking them what they discussed in their meeting with the GAL. The child may want to share certain aspects of their conversations with you, but please keep these debriefs as general as possible and do not probe. If the child shares something with you about their conversation with the GAL that you find concerning, please let your attorney know, and they will contact the GAL if necessary. All of the attorneys at The Center for Family Law are trained as GALs, in addition to representing individuals involved in divorce and child custody matters. Please contact us today to schedule a consultation. Article written with contribution from law clerk, Adele Rosenthal. Adele is a 2L at Washington University School of Law.

A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The GAL’s job is to investigate the circumstances of the child and the child's parents and caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child(ren), in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.