Challenging the Guardian ad litem

What happens when you receive the recommendation of the Guardian ad litem, but you don’t agree with it? Is there anything you can do to challenge the recommendation?

There is a procedural challenge to either the investigatory work or the recommendation made by the guardian ad litem under Wisconsin statutes. 767.407 (4m).  A status hearing can be requested.

(4m) STATUS HEARING. (a) “Subject to par. (b), At any time after 120 days after a guardian ad litem is appointed under this section, a party may request that the court schedule a status hearing related to the actions taken and work performed by the guardian ad litem in the matter.

(b) A party may, not sooner than 120 days after a status hearing under this section, request that the court schedule a status hearing related to the actions taken and work performed by the guardian ad litem in the matter.”

Many litigants going through a custody battle seem to forget that the judge decides the case, not the guardian ad litem. All is not lost just because you get an adverse recommendation from the guardian ad litem. The judge has discretion to accept the recommendation of the guardian ad litem, reject it altogether, or amend it to the court’s liking.  If you don’t agree with the recommendation of the guardian ad litem, a person has the right to take the case to a contested hearing or trial. Yes, it is true that at the conclusion of the case, the trial court is going to turn to the guardian ad litem and most likely rely very heavily on the recommendation made, but the recommendation is not outcome-determining. The court can decide on its own what the orders for custody and placement should be.

All is not lost if you find out that the recommendation is adverse to what you believe is in your children’s best interest. The best advice is to continue to contest the recommendation and present the best case at trial that you can, and convince the trial court that while the guardian ad litem may be well-intended, they are simply wrong. You can do that with a strong case, strong witnesses, strong evidence, both in testimony and written evidence.