What is the best way to handle a biased guardian ad litem report?
The guardian ad litem assigned to my child custody case wrote what seemed to be a glowing review of my ex's character, home and neighborhood and wrote nothing about the positive things that were said about me. She didn't write anything about where we live or anything. In the summary and when she made her recommendation she never actually gives any reason. She just states that it was a tough decision to make because of the distance between the two households. What can I do?
Answer:
"What is the best way to handle a biased guardian ad litem report? The guardian ad litem assigned to my child custody case wrote what seemed to be a glowing review of my ex's character, home and neighborhood and wrote nothing about the positive things that were said about me. She didn't write anything about where we live or anything. In the summary and when she made her recommendation she never actually gives any reason. She just states that it was a tough decision to make because of the distance between the two households. What can I do?"
There is no quick answer to your question.
You can only "appeal" a final decision of a court and in matters of child custody, appellate courts are disinclined to second guess the judge who heard all the evidence.
GALs are given broad latitude to investigate and report to the court. That no positive commentary was provided for you while significant positive commentary was provided for the other side probably means that the GAL believes that it would be in the best interests of the minor(s) to live with the other parent.
You are entitled to obtain a separate home evaluation. Since a GAL has already submitted comments on the issue, it's likey the other side would object to paying for half the cost of a home evaluation and you'd probably have to pay the whole cost. That is one mechanism you can use, however, to offset the commentary from the GAL. But the home evaulation is conducted on both parents, and there is no guarantee that the results won't be the same or similar.
Additionally, your attorney can call the GAL to the stand and ask questions about the report-- and attempt to draw out the positives that were not included that you think should have been. And while your attorney can call witnesses to establish certain things about you and the home you will provide for the minor(s), refuting the facts in the GAL report are about the only way to combat the GAL's recommendations. You can't just give your own report. What do you think that report would look like-- yours and the one from your ex?
It's possible that the court would allow your attorney to ask for clarification or amplification in the GAL report, but it's unlikely that your attorney would even try to do so. The report is what it is.
But remember, the GAL report is only part of what the judge hears/sees. You just have to try to show the good things about you and your home through some other means.
You can appeal the decision and ask that you be assigned another guardian ad litem. In your appeal case, state complete facts about what was or was not in the report DO NOT USE OPINIONS, these will be quickly discounted as complaining. Try to find previous case history on the same matter.
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