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2004 Update: Negative Custody Evaluations and Guardian Ad Litem Reports

By Joseph P. Bluth

In the August 2003 issue of The Matrimonial Strategist, I discussed identifying and exacting information from your client that would motivate a Guardian Ad Litem (GAL) or Custody Evaluator (CE) to examine the real issues in the case and not let bias interfere with his or her assessment. (In the remainder of this article, the GAL/CE is designated female and the client male.) The article made suggestions about interviewing your client, identifying issues, and reviewing records such as those from previous court matters or medical treatment.

The ultimate goal is to have the court appreciate your client's perspective on the issues that must be taken into consideration when deciding the issue of custody, especially if the GAL/CE's opinion has failed to do so. It is essential, then, that your client understands the GAL/CE is not going to conduct her examination the same way the judge or a lawyer would. It is important to explain to your client that the GAL/CE takes an “inference-based” approach to conducting an assessment, so that the client understands how he can best address the issue of the other parent's deficits and inappropriate parenting practices when speaking to the GAL/CE, and more importantly, to any collateral sources who may be contacted. Such sources include health care providers, day care workers, teachers, and so forth. Ultimately, the groundwork you lay with the client will resonate through to the professionals involved with your case, as the GAL/CE gathers “history” in a way that emphasizes patterns, not just events.

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