Contesting the Guardian Ad Litem Report

In some instances, a Guardian Ad Litem will be appointed by the Court or the parties to conduct an evaluation on the current custody and parenting time arrangement. In that case, the Guardian Ad Litem will issue a report that sets apart findings as well as recommendations for the future custody and parenting time arrangements. What happens if you do not agree with the findings or the recommendations of the Guardian Ad Litem?

You may have the opportunity to object to the Guardian Ad Litem’s recommendations. You can ask the Court to set the matter on for either a review hearing, or a pretrial hearing. At that court appearance, you can tell the Judge specifically what you object to, and from there you can set up another hearing called an evidentiary hearing, where testimony will be taken to contradict the Guardian Ad Litem’s findings and recommendations.

The evidentiary hearing is just like a trial. You will give testimony on the matter and have an opportunity to present your own evidence in order to prove-up your case. For example, if you think that the Guardian Ad Litem’s recommendation for 50/50 parenting time is too difficult on the children because the parties live far apart, then you would testify and present evidence demonstrating how this would be detrimental to your children and what you believe would be a better solution.