Child Custody - Try to Keep Strangers Out of the Decision

My clients have hired guardian ad litems who havecould attend kindergarten. AS a result, she had to
done a good job of investigating their custodymiss 2 days each week so that her mother
claims. However, they have also been ripped offwouldn't be held in contempt of court. The father
by people who take sides, and judges who don'tdidn't pay a dime of support, despite the fact that
think for themselves. The result can be that ahe had been ordered to, and that he had a good
child ends up in a situation that is not necessarily injob throughout the case.
her best interest, and that can be down rightNevertheless, the GAL recommended that the
damaging.father be given custody. I wrote to the GAL
As I said, not all "GALs" are bad. I had oneseveral times, pointing out to her that her report
recently who did a good job. His report was not inwas inaccurate, and providing the documents to
my client's favor, but I could see that he hadher that would show her her errors. She finally
done a lot of work before he came to hisresponded by informing me that she never
conclusion.revisited a case, and I could take my complaints
In addition to visiting each of the parent's homesto the judge.
several times, he investigated their medicalWe had a final hearing. I did point out the
records, job histories and references. He pointedinaccuracies in the GAL's report. During the
out the weaknesses on both sides in an objectivehearing, I got the distinct impression that the
and fair way. After reading the report, I couldjudge understood my observations. Nevertheless,
advise my client to accept his recommendationhe ruled in the father's favor.
with a clear conscience.From this experience, I hope to emphasize how
My next "GAL" report wasn't so reliable. The ladyrisky it is to let a third party decide your custody
believed what she was told, and what the parentsissue. Your judge may be careful, and generally
let her see, rather than dig deeper. The man hadmake the right decisions. Some cases could go
sense enough to have children's books and toyseither way, in that both parents would provide a
scattered around his living room when the GALgood home to the child, and are equally close to
came to see him. He lied about the mother andhim. There are enough cases, however, that can
her care of the kids. He swore the kids wereturn on misinformation, making it more likely the
never allowed to watch TV, and that he playedwrong decision will be made that an extra dose of
with them and educated them every moment hecaution is warranted.
was not at work.If you and your spouse can't agree on custody,
Unfortunately, the mother was a scrupulousyou are risking one of you being unhappy with
house keeper. When the "GAL" came to see her,the court's final decision. A guardian ad litem may
the kids books and toys were no where indo a good job of investigating your situation.
evidence, because she had just picked everythingHowever, it is possible that poor training or
up. She admitted that the kids watched TVpersonal prejudices, or plain human stupidity may
occasionally, and that she had kicked hermake a fair report impossible. The judge, too
boyfriend out of her house after a loud argumentmay not be able to reach a good decision
one weekend when the kids were visiting theirbecause of inadequate information or the other
father.reasons just mentioned. This is why it is always
My client had had custody of the kids for a yearbetter if the parents can work together to come
and a half between the provisional hearing and theup with a parenting plan that is appropriate for
final decree. The father had been unwilling totheir children and their family's circumstances.
change his visitation times so that his daughter