Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
2004 Update: Negative Custody Evaluations and Guardian Ad Litem Reports
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.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.