2004 Update: Negative Custody Evaluations and Guardian Ad Litem Reports

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.

Some clients may want or need to obtain expert help to prepare for GAL/CE's evaluation, such as a “dry run” MMPI (Minnesota Multiphasic Personality Inventory), a communication skills development course, or parenting classes. Again, your client may be able to gather “history” in way that emphasizes patterns, not just events, but if identifying this for the GAL/CE does not come natural to him, he should take measures that will aid him in explaining his parental role and parenting style in a positive way.