Bench & Bar January/February 2025

the most difficult topic we have to face as family law practitioners. In fact, being the voice that advocates for removal of a child from an abusive situation can be a matter of life and death for that child, and at a mini mum could prevent a child from suffering further harm. Conversely, being the child’s voice to advocate for reunification, when it is safe and appropriate, can mean reuniting a child with their parents, their home, and to some semblance of the life they knew before removal. As children are some of the most vulnerable members of our society, and because child abuse is such a critical issue, the importance of GAL training cannot be understated. The training equips you with the knowledge and skills required to truly thrive in the role of GAL. Not only will you learn the law as it relates to this role, but you will also hear from experienced practitioners who have seen the vital part GALs play in family court proceedings. Additionally, you will have the opportunity to discuss with the presenters and your fellow attendees the practical application of the law and how you can use the law as a tool to advocate for your clients. While representing child neglect and abuse victims is arguably the most important task you will have as a GAL, there are also other roles you could fill that should also be taken seriously. In DNA proceedings, you can be appointed to represent not only a child but also a parent who may or may not have been the perpetrator of the abuse that led to the case being filed. The GAL training will provide you with the legal and practical knowledge you will need to be a zealous advocate for parents in DNA proceedings who are attempting to retain their parental rights. Since child abuse and neglect tends to be a vicious, generational cycle, it is important to be able to connect the parents with community resources and education that can help teach them a safe and healthy way to raise their child(ren). It is also imperative to assist your clients in making sure their case plan tasks are accomplished so that they can (hopefully) be reunified with their child(ren) in the future when it is safe to do so. Outside the context of DNA proceedings,

you may also be appointed in contested cus tody cases. Should you accept this mission, you would be advocating for the child(ren) in an effort to shield them from the poten tial long lasting mental and emotional effects that can be caused by possibly being put in the middle of highly contentious par ents. You may also need to advocate for the child(ren) to be placed in therapy to help assist them with processing the stress that can be caused by litigation. Having a GAL for the child(ren) can also prevent them from having to miss school, being forced to come to a scary courthouse, and/or at best, having to have a conversation about their wishes in chambers with the judge (a stranger that they do not know) or at worst, having to testify on the stand and be sub ject to cross-examination. In GAL training, you will learn about the “best interest of the child” factors as well as how to apply those factors to achieve the best outcome for the child(ren) you represent in contested cus tody matters. Lastly, GALs are now appointed to represent minors in domestic violence cases. This is an entirely new and necessary role for attor neys as many custody cases start with the filing of a Petition for Emergency Protec tive Order (“EPO”). This new function of a GAL requires the attorney to interview the child(ren) to determine whether an EPO or Domestic Violence Order (“DVO”) is appropriate or just a tactic in custody battles due to a parent not liking a current boy friend/girlfriend or wanting to circumvent a too expensive or oft confusing civil litiga tion. As a GAL, you will have to determine whether the child(ren) are actually in need of protection and what the recommenda tion for parenting time will be. This all takes time and some insight into human nature and the perceptions of children. GAL work is not for the faint of heart. It is not a way to make some money while you start your career. It can be challenging, but also very fulfilling. And as a bonus for attending training, you may even be able to entertain your friends and family with newfound knowledge of drugs, mental health issues, and whether you can tattoo your child.

THINGS YOU MAY LEARN AT A GAL TRAINING • Is it ok for a kid to live in a camper? A tent? • Do all kids have to have a bed? • Is it ok to give a kid a tattoo? • Why wouldn’t they remove baby X when the mother tested positive for drugs? • How long will it take to move a child out of state? • Can a parent “spank” a kid with a belt? • Why is it required to notify a biological father if he’s not on the birth certificate? • How long do we have to conduct visits with the parents before and after a Termination of Parental Rights (“TPR”)?

ABOUT THE AUTHOR

J E NN I F E R SACHARNOSKI NELSON was born in Paducah, Ky. Her office is in Princeton, Ky., (Cald well County), where she

ENDNOTES 1 The Latest Child Maltreatment Report Shows Improvements but Still Too Many Victims in Kentucky, Kentucky Youth Advocates, https:// kyyouth.org/the-latest-child-maltreatment-re port-shows-improvements-but-still-too-ma ny-victims-in-kentucky/ (last visited Oct. 10, 2024). practices family law in many of the coun ties in Western Kentucky. Nelson graduated from Murray State University with a degree in journalism. She obtained her J.D. from the University of Louisville in 2005. She lives on a small farm with her husband, Adam Brooks, and enjoys spending time with her three children. She is active in community awareness for children with special needs.

***Special thanks to Farris Melton, staff attorney for Family Court Judge Brandi Rogers. Farris kindly lent her time to help draft and edit this article.***

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