Proposed Guidelines for Attorney/Guardian ad litem ... · Child in Abuse and Neglect Cases (1996)...

Wyoming Children’s Law Center 1

Wyoming Children’s Law Center 1 (307) 632-3614 [email protected]

Proposed Guidelines for Attorney/Guardian ad litem;

Attorney for Child and the Non-Attorney Guardian ad litem/Investigator

INTRODUCTION

These Guidelines were developed as part of a grant provided to the Wyoming Children’s Law Center to

establish a state-wide Guardian ad litem Program for Domestic Relations. They offer best practice guidance for

conducting the investigative duties of a traditional guardian ad litem coupled with legal duties incorporated in

the hybrid Attorney/Guardian ad litem role adopted in Wyoming. In addition, the guidelines provide a

summary of current Wyoming laws and rules governing this hybrid representation. This document is a draft

that is being distributed for comment and consideration. The recommendations are not meant to supplant the

requirements of any Wyoming Court. Attorneys appointed to serve as an A/GAL should rely upon the directives

provided by the Court and the appointing order to determine their appropriate role and should seek clarification

from the Court when his/her role is not clear.

In addition, these guidelines are intended to promote a multidisciplinary approach. As such, much of the

guidance reflects a blending of the legal profession and the social work profession. The Wyoming Children’s

Law Center provides a multidisciplinary model to A/GAL representation using an attorney/social worker team

to conduct investigations, determine position and recommendations and then to provide legal representation for

the child.

In 1998, the Wyoming Supreme Court adopted the Attorney/Guardian ad litem (A/GAL) hybrid model to

guide attorneys representing children as a guardian ad litem in a domestic relations case, stating that “[w]hile

some jurisdictions have required the separation of these roles, a number of courts have declared the role a

"hybrid," which necessarily excuses strict adherence to some rules of professional conduct.” (Clark v.

Alexander, 953 P.2d 145 (Wyo. 1998)). Since issuing that decision, there has been little additional progress in

formally defining how an attorney ethically negotiates the hybrid path. Indeed, the decision may have caused

us to overlook more appropriate and efficient options for some cases. These options are to separate the roles

and choose one or the other or, when case circumstances warrant. When both roles are necessary, it might in

fact be better for two separate people to serve each of the roles, which, for clarity we will refer to as “attorney

for child’s best interest” and “traditional guardian ad litem” (a GAL without the attorney responsibility). The

Clark opinion made it clear that the adoption of the hybrid model was not intended to foreclose the option of

separating the roles.

Given the lack of clear direction provided to those who must fulfill this role in Wyoming, and our

certainty that the issues in this case will reappear in the future, we speak to those issues here. In

providing guidance to the role of an attorney appointed to represent a child while at the same

time acting as guardian ad litem, we do not intend to usurp the role of the district court in

appointing individuals to act solely as an attorney or as guardian ad litem. It is imperative,

however, that the appointee request clarification from the appointing court if questions

regarding the duties arise. (Clark at 151-152).



PART ONE: INTIATION OF THE APPOINTMENT

Perhaps the most challenging part of an Attorney/Guardian ad litem (A/GAL) appointment is assessing and

determining the appropriate case for such appointment. There is no doubt that the cost and complexity of

domestic relations cases can increase exponentially with the appointment of an A/GAL. Simpler, more

appropriate and cost effective ways of resolving family custody issues should always be considered first, the

primary of which would be specialized family law mediation. While these Guidelines do not include family law

mediation, parties and the court should always consider the use of mediation in lieu of an A/GAL appointment,

when circumstances do not indicate the need for independent investigation and representation of the child or the

child’s best interest. The American Bar Association offers guidance in the circumstances that warrant

appointment of an Attorney to Represent the Child or the Child’s Best Interest. These are:

1. Mandatory Appointment:

A court should appoint a lawyer whenever such an appointment is mandated by state law. A court

should also appoint a lawyer in accordance with the A.B.A. Standards of Practice for Representing a

Child in Abuse and Neglect Cases (1996) when considering allegations of child abuse or neglect that

warrant state intervention.

2. Discretionary Appointment:

In deciding whether to appoint a lawyer, the court should consider the nature and adequacy of the

evidence to be presented by the parties; other available methods of obtaining information, including

social service investigations, and evaluations by mental health professionals; and available resources for

payment. Appointment may be most appropriate in cases involving the following factors, allegations or

concerns:

a. Consideration of extraordinary remedies such as supervised visitation, terminating or suspending

parenting time, or awarding custody or visitation to a non-parent;

b. Relocation that could substantially reduce the child’s time with a parent or sibling;

c. The child’s concerns or views;

d. Harm to the child from illegal or excessive drug or alcohol abuse by a child or a party;

e. Disputed paternity;

f. Past or present child abduction or risk of future abduction;

g. Past or present family violence;

h. Past or present mental health problems of the child or a party;

i. Special physical, educational, or mental health needs of a child that require investigation or

advocacy;

j. A high level of acrimony;

k. Inappropriate adult influence or manipulation;

l. Interference with custody or parenting time;

m. A need for more evidence relevant to the best interests of the child;

n. A need to minimize the harm to the child from the processes of family separation and litigation;

o. Specific issues that would best be addressed by a lawyer appointed to address only those issues,

which the court should specify in its appointment order.

(American Bar Association Section of Family Law, Standards of Practice for Lawyers Representing Children in

Custody Cases, 2003)

When it has been determined that an A/GAL is appropriate, the next important step is ensuring that the

Appointment Order provides the appropriate direction and authority to carry out the role. “Courts should make

written appointment orders on standardized forms, in plain language understandable to non-lawyers, and send

copies to the parties as well as to counsel. Orders should specify the lawyer’s role as either Child’s Attorney or

Best Interests Attorney, and the reasons for and duration of the appointment.” (Id.).



PART TWO: INVESTIGATIVE PROCESS / FAMILY HISTORY / FAMILY SYSTEM

Tips for Effective Engagement:

Maintain an effective alliance: calmness, curiosity, empathy and respect. 1. Make contact with each member of the family and each members identified peripheral contacts; acknowledge

point of view about the problem and feelings about current situation and process. What was their role in creating

or managing the problem? How have they responded to it? How others are involved or affected? Note: broaden

the problem to an interactional one.

2. Pace and structure interviews.

3. Develop working alliance; balance of warmth and professionalism.

4. Acknowledge positive actions and family strengths.

5. Maintain individual empathy and respect the families’ ways.

6. Focus on specific problems and attempted solutions.

7. Develop hypotheses about unhelpful interactions around the presenting problem. Be curious about why these have

persisted. Also notice helpful interactions that can support the family in moving forward.

8. Don’t overlook the possible involvement of family members, friends or helpers who aren’t present.

9. Recommended treatments need to acknowledge the families’ goals and specify the framework for structuring

treatment. Identify simple informative support resources, review with attorneys/parties, available for discussions

or as homework; homework can be used to test flexibility (simply seeing if it’s carried out measures willingness

to change), to make family members more aware of their roles in problems (telling people just to notice

something, without trying to change it, is very instructive), and to suggest new ways of relating. Invite questions

and discussions.

When a decision is made by the court to appoint an A/GAL, the following steps outline the general duties that

should be undertaken to provide quality service to the child and family.

1. Conduct interview with both parents to identify the issues from their perspective:

a. How are the children doing with changes in the family then identify concerns and whether the

concern or problem is urgent (significantly impacting child’s well-being).

b. Any risk to the child(ren) and whether it is imminent. Remember, you are a mandatory

reporter. c. Each parties’ general capacity to parent in a new configuration and function in a single parent

role (i.e. education and beliefs; presence of severe psychological; psychiatric, behavioral

problems; cognitive impairment or substance abuse);

d. Parent communication methods and whether the communication is open or closed;

e. Both parties’ perception of their relationship and whether either has an interest in maintaining or

redefining the relationship. How do they see the relationship reconfiguring and or the

restructuring of the family model?; and

f. Power balance between the parties and whether there is merit in and potential ways for

equalizing.

2. Interview/meet with the child (children) and determine their appropriate involvement in the case,

including:

a. Advise the child of your role and responsibilities in an age appropriate manner;

b. Whether the child expresses a specific position or concerns and/or a preference and whether the

position/concerns/preferences appear to be heartfelt or coerced. How do the children see and

understand the family changing/ and or changes;



c. Whether the child wishes to have his concerns advocated for or prefers to keep them

confidential;

3. Interview Peripheral Contacts (as needed): While the bulk of the information will be obtained from the

party and child, it is sometimes important to make contact with key witnesses or other third parties to

get other, perhaps more objective, views on the accuracy of the parties’ beliefs and statements of any

disputed facts.

4. When criminal allegations are present, investigations should also include:

a. Obtaining police reports and conviction records for both parties;

b. Interviews with the children (forensic interview for young children) to determine what they may

have witnessed or experienced;

c. Counseling records (if there is no counselor for the children, recommend that the children see a

counselor);

d. Immediate recommendations/negotiations to implement safety measures to avoid further

violence or confrontations during the legal proceedings, such as:

i. 3rd party exchange of the children,

ii. Counseling or educational services for the parents to address the issue.

SPECIAL CASES or CIRCUMSTANCES

Domestic Violence

Wyoming law requires additional considerations/protections when domestic violence is present. "The court

shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the

children. If the court finds that family violence has occurred, the court shall make arrangements for

visitation that best protects the children and the abused spouse from further harm." W.S. § 20-2-201(c).

This brings in the opportunity to refer parent to Domestic violence resources in the community to protect

children; Many communities have Safe Houses for women and children of abuse that can be mobilized for

families in need of services. If these are not available, perhaps other community resources would suffice.

o If there are legitimate safety concerns, conduct further investigation, including determining:

Identify patterns of abuse/violence and describe: i.e. – allegations of child abuse;

ongoing/episodic male or female-initiated violence; controlling interactive violence,

separation-engendered/post divorce trauma, psychotic/paranoid reactions;

Determine severity of abuse on continuum for all that apply and describe: minimal, mild,

moderate, high, severe/high risk;

Frequency of abuse/violence: single event, past history; not current, past history; recently

restarted, increasing, occasional/unpredictable, constant/daily/repetitive;

Lethality and describe: minimal, moderate, high, knives/guns used or available;

Determine children’s involvement/awareness: none; children didn’t witness either directly or

indirectly, children involved or witnessed: directly or indirectly, children directly harmed,

threatened or afraid ;

Determine proximity: before separation? Prior pattern throughout relationship?

o Commonly indentified risks:

Escalation of physical or other forms of violence

Recent acquisition or change in use of weapons

Suicidal or homicidal ideation, threats or attempts

Change in substance use/abuse patterns

Stalking or other surveillance/monitoring behavior



Centrality of the victim

Jealousy/obsessesions about or preoccupation with the victim

Mental health concerns connected with the violent behavior

Other criminal behavior or injunctions

Increase in personal risk taking (e.g. violation of restraining orders)

Interference with the victim’s help- seeking attempts

Imprisonment of the victim

Symbolic violence, including the destruction of the victims pet’s or property

The victims attempts to flee or terminate the relationship

Batterers’ access to the victim’s family members

Abuse or Neglect

Any credible allegation of Abuse or Neglect must be reported to Department of Family Services (DFS) or

Law Enforcement. When a case involves allegations of abuse or neglect, it is important for the GAL to

fully investigate. (If you are involved in a case and new allegations arise refer to legal obligations to report

to appropriate authorities for investigation.) The outcomes of law enforcement or DFS investigations are

confidential by law and a subpoena is generally required to obtain any information from DFS or law

enforcement. It is standard procedure for DFS to move to quash the subpoena because Wyoming statutes

require them to maintain confidentiality. The Court will then decide if the potential evidence is relevant and

rule accordingly. Often DFS will agree to a stipulated "in camera" review by the judge with the judge

releasing any relevant materials to the parties with a companion protective order to ensure the materials are

not released and are destroyed at the end of the case.

UPON COMPLETION OF INVESTIGATION

Create/ recommend reasonable custody arrangements: parenting plans, child support payments,

physical/legal custody issues

Determining Appropriate Custody/Parenting Time:

1. Reaching an agreement with both parties is typically going to be in the child’s best interest (unless there

are allegations of abuse or neglect). A guardian ad litem generally attempts to negotiate with parties in

lieu of trial.

2. The following materials are helpful in providing objective best practice guidelines when determining

visitation schedules that would be in the child’s best interest.

Alison Taylor, The Handbook of Family Dispute Resolution Mediation Theory and Practice, 2002, provides

helpful guiding principles for determining the GAL’s visitation position. The proposed parenting plan

matrix considers 3 essential factors: age of the child, level of attachment and parent circumstances and

skills. The matrix in Appendix A provides a guideline to be used as a starting point for

discussing/negotiating of parenting time. The matrix is based on these assumptions:

a. Good parenting plans provide for stability and continuity.

b. Plans need to consider significant current and pre-divorce/separation relationships, routines and

attachments of the child to each parent, siblings and blended families if applicable.



c. Plans need to consider the parenting ability of each parent; noting that some parents have not had

the opportunity to develop their parenting skills while others may have parenting problems.

d. Age and stages of child development should determine the plan.

e. If there has been high conflict: chaotic, emotional conflict or violence: physical and/or sexual

abuse, children and other involved parties must be protected.

f. Severe parental problems such as substance abuse, mental/emotional illness, neglect or abuse:

physical and/or environmental or criminal activity and/or legal actions; requires major limitations

and or safety plans that protect all parties appropriately.

g. When parents live far away and relocations; special arrangements must be made.

Attempt Mediation and Facilitation of Mutually Acceptable Settlements:

It is generally always in the children's best interest to facilitate agreements between the parents in lieu of a

trial. Parents often need assistance in becoming more neutral and open to alternatives that might be more

beneficial to the children. Our model offers the assistance of a social worker to work with either or both

parents in the specific areas where challenges are present. These might include:

1. Safety plans (In cases where domestic violence or abuse is present or alleged)

2. Co-Parenting Plans

3. Communication plans to facilitate appropriate communication between parents

4. Special terms or requirements for visitation to address specific concerns

Utilizing a counselor—Potential benefits 1. Identify major conflicts and bring them into the consulting room.

2. Develop a hypothesis and refine it into a formulation about what the family is doing to perpetuate or fail to

resolve the presenting problem. Formulations should consider process and structure, family rules, triangles and

boundaries.

3. Keep the focus on primary problems and the interpersonal conditions supporting them. But do not neglect to

support constructive interactions.

4. Assign homework that addresses problems and the underlying structure and dynamics perpetuating them.

5. Challenge family members to see their own roles in the problems that trouble them.

6. Push for change, both during the session and at home.

7. Make use of supervision and or other professional resources to test the validity of formulations and effectiveness

of interventions.



PART THREE: RELEVANT LAWS GOVERNING ATTORNEY/GUARDIAN AD LITEM:

Currently, Wyoming case law is the greatest source of guidance on the role of a Guardian Ad Litem. As

we have a unique, hybrid role, Wyoming case law is specific and extremely important. Provided below are

summaries to help understand this complex area.

Moore v. Moore, 809 P.2d 261,89-261 (Wyo. 1991), 89-261.

The Court concluded that it was improper for there to be ex parte contact between the guardian ad litem and the

trial judge, however it was not reversible error (no objection was made at trial). The Court provided guidance

for the attorney/guardian ad litem role.

A guardian ad litem is the attorney for the minor whom he is appointed to serve. ... He

participates in the proceedings as an advocate. ... In Wyoming, that rule is consistent with policy

articulated by the legislature in two specific statutes requiring, or permitting, the appointment of

a guardian ad litem since, in each statute, the guardian is charged with representing the child. ...

we perceive it to be unequivocal that the guardian ad litem has the same ethical responsibilities

in the proceeding as any other attorney.

Basolo v. Basolo, 907 P.2d 348 (Wyo. 1995).

The Wyoming Supreme Court acknowledges the value of a guardian ad litem’s subjective impressions and,

while preferring testimony, rule that a written reports is also acceptable:

A guardian ad litem is appointed to act in the interest of a minor. ... [B]y accepting the

presentation and argument of the guardian ad litem favorable to one side or the other as the

guardian ad litem believes is in the best interest of the child. ... While such presentations

preferably occur in open court, where both sides may participate, the filing of a written report is

also acceptable. ... Even those who criticize the best interests of the child standard as

indeterminate recognize the value of the guardian ad litem’s subjective impressions to a court’s

decisions concerning custody and visitation.

Clark v. Alexander, 953 P.2d 145 (Wyo. 1998).

The Supreme Court ruled that "[t]he district court erred in admitting the testimony of the attorney/guardian ad

litem" and further adopts the Hybrid Model for Attorney/GAL representation in a domestic relations case unless

the court appointing an attorney as the GAL has delineated a different role.

In providing guidance to the role of an attorney appointed to represent a child while at the same

time acting as guardian ad litem, we do not intend to usurp the role of the district court in

appointing individuals to act solely as an attorney or as guardian ad litem. It is imperative,

however, that the appointee request clarification from the appointing court if questions regarding

the duties arise.

...” The guardian ad litem's role has been characterized as investigator, monitor, and champion

for the child. ... The traditional role of a guardian ad litem in custody proceedings has been

described as ... functioning as an agent or arm of the court, to which it owes its principal duty of

allegiance, and not strictly as legal counsel to a child client. * * * In essence, the guardian ad

litem role fills a void inherent in the procedures required for the adjudication of custody disputes.

... Unhampered by the ex parte and other restrictions that prevent the court from conducting its

own investigation of the facts, the guardian ad litem essentially functions as the court's

investigative agent, charged with the same ultimate standard that must ultimately govern the

court's decision--i.e., the "best interests of the child." Although the child's preferences may, and



often should, be considered by the guardian ad litem in performing this traditional role, such

preferences are but one fact to be investigated and are not considered binding on the guardian. *

* * Thus, the obligations of a guardian ad litem necessarily impose a higher degree of objectivity

on a guardian ad litem than is imposed on an attorney for an adult.

... In those cases where the facts relevant to the children's best interests may not be otherwise

presented to the court, the traditional role of guardian ad litem is essential. It is equally apparent

that the skills of a legal advocate are invaluable to the child caught within a contentious custody

dispute. With counsel, the child has an unbiased adult who can explain the process, inform the

court of the child's viewpoint, and ensure an expeditious resolution.

... While some jurisdictions have required the separation of these roles, a number of courts have

declared the role a "hybrid," which necessarily excuses strict adherence to some rules of

professional conduct. ... We believe that the costs attending the appointment of both an attorney

and a guardian ad litem would often be prohibitive and would in every case conscript family

resources better directed to the children's needs outside the litigation process. Thus, we too

acknowledge the "hybrid" nature of the role of attorney/guardian ad litem which necessitates a

modified application of the Rules of Professional Conduct.

...Contrary to the ethical rules, the attorney/guardian ad litem is not bound by the client's

expressed preferences, but by the client's best interests. If the attorney/guardian ad litem

determines that the child's expressed preference is not in the best interests of the child, both the

child's wishes and the basis for the attorney/guardian ad litem's disagreement must be presented

to the court.

...In the same light, the confidentiality normally required in the attorney-client relationship must

be modified to the extent that relevant information provided by the child may be brought to the

district court's attention. While it is always best to seek consent prior to divulging otherwise

confidential information, an attorney/guardian ad litem is not prohibited from disclosure of client

communications absent the child's consent. As legal counsel to the child, the attorney/guardian

ad litem is obligated to explain to the child, if possible, that the attorney/guardian ad litem is

charged with protecting the child's best interest and that information may be provided to the

court which would otherwise be protected by the attorney-client relationship.

As counsel, the attorney/guardian ad litem has the opportunity and the obligation to conduct all

necessary pretrial preparation and present all relevant information through the evidence offered

at trial. Recommendations can be made to the court through closing argument based on the

evidence received. It is, therefore, unnecessary to allow the attorney/guardian ad litem to place

his or her own credibility at issue. Consequently, we join those jurisdictions which hold that an

attorney/guardian ad litem may not be a fact witness at a custody hearing.

This is not to say that the attorney/guardian ad litem may not submit a written report to the

parties. A detailed report which timely informs the parties of the relevant facts and the basis of

the guardian ad litem's recommendation may facilitate agreement prior to trial. If the parties so

stipulate, the report may be presented to the court. However, the report should not be filed with

the court or received into evidence without the express agreement of the parties. To the extent

that prior Wyoming cases may conflict with this holding, they are here overruled. (pp 151-155)



Pace v. Pace, 22 P.3d 861 (Wyo. 2001).

The Wyoming Supreme Court reiterates the Clark decision prohibiting an Attorney/GAL from testifying:

The Court did not compromise Rule 3.7 of the Rules of Professional Conduct for Attorneys at

Law, which prohibits attorneys from participating as advocates in cases where it is likely they

will be called to testify to matters of import at the proceedings. As a result, we stated: "[A]n

attorney/guardian ad litem may not be a fact witness at a custody hearing." Id. We reiterate our

reasoning expressed in Clark, id.: Our holding in Moore, 809 P.2d 261[,] clearly mandates that

the attorney/guardian ad litem is to be an advocate for the best interests of the child and actively

participate at the proceedings. As counsel, the attorney/guardian ad litem has the opportunity and

the obligation to conduct all necessary pretrial preparation and present all relevant information

through the evidence offered at trial. Recommendations can be made to the court through closing

argument based on the evidence received. It is, therefore, unnecessary to allow the

attorney/guardian ad litem to place his or her own credibility at issue. Consequently, we join

those jurisdictions which hold that an attorney/guardian ad litem may not be a fact witness at a

custody hearing.

...

As a final point, we take this opportunity to summarize what is expected of attorneys/guardians

ad litem appointed by the courts to represent the best interests of the children involved.[5] A

guardian ad litem, counsel, and the court should work together at the beginning of a case to

develop and articulate clearly the scope and nature of the guardian ad litem's responsibilities.

Full investigations of the facts relevant to custody should be completed by the guardian ad litem,

including interviewing witnesses deemed appropriate by the guardian ad litem, custody

evaluators, if any, counselors, teachers, relatives, and friends. Based on the evidence, input from

any experts, and their own best judgment, the guardian’s ad litem will develop their

recommendations concerning custody. They should communicate with the parents' counsel,

preferably in writing, regarding the proposed recommendations sufficiently in advance of trial to

allow them to prepare evidence in response to the recommendations. If the parties agree, those

recommendations should be provided to the court prior to trial. To fulfill their obligations to the

children they represent, guardian’s ad litem must take the necessary steps to assure sufficient

evidence is presented at trial either by introducing the evidence themselves or assuring counsel

for one or both parents are prepared to do so. Finally, guardian’s ad litem should present their

recommendations to the court in the form of closing argument and not through personal

testimony. (pp 868-870)

Robbins v. Robbins, 46 P.3d 880 (Wyo. 2002).

The GAL did not participate as an attorney at the trial citing confusion about recent case law. This is despite the

fact that the parties stipulated to the guardian ad litem (GAL) filing her report with the court and providing

testimony concerning that report. The trial court should not have allowed the GAL to testify.

These parties stipulated the GAL’s report could be submitted to the trial court. They were fully

aware of the cases addressing the propriety of attorney GALs testifying. The mother’s counsel

had actually argued in Pace, which was then pending before this court, that prior case law

prevented the GAL from testifying. The GAL herself was well informed of the limitations on her

role. Yet they all agreed to a procedure which allowed the GAL to testify. Now, having obtained

a result that was fairly predictable—the trial court followed the GAL’s recommendation—the

mother and her counsel cry foul and seek another time at bat. We are decidedly unpersuaded.



“[I]f a party requests or moves the court to make a ruling which is actually erroneous and the

court does so, that party cannot take advantage of the error on appeal or review.” ... Affirmed.

VOIGT, Justice, specially concurring, with which GOLDEN, Justice, joins.

I concur with the result of the majority opinion because the parties stipulated to the role played

by the guardian ad litem in this case, the appellant was not prejudiced by that role, and the

guardian ad litem was careful not to also act as an attorney for the child. I write separately only

because I believe this Court has taken a wrong turn along the way as we have continued to

restrict the ability of guardian’s ad litem who happen to be attorneys to perform their duties.

One does not need to be an attorney to be a guardian ad litem. At the same time, due to their

training, experience in the judicial system, and familiarity with the issues involved in a typical

custody dispute, attorneys often make excellent guardians ad litem. I do not understand why a

person who has been appointed to act as a child’s guardian ad litem, and who has not been

appointed to act as that child’s attorney, may not be called as a fact witness. The status of being

an attorney does not render a person, as a general matter, incompetent to testify.

...

In Clark, 953 P.2d at 151–52, we made the following statement: In providing guidance to the

role of an attorney appointed to represent a child while at the same time acting as guardian ad

litem, we do not intend to usurp the role of the district court in appointing individuals to act

solely as an attorney or as guardian ad litem. It is imperative, however, that the appointee request

clarification from the appointing court if questions regarding the duties arise.

That is exactly what happened in this case. The guardian ad litem was appointed to represent the

best interests of the child. That is the traditional function of the guardian ad litem. She was not

appointed to act as the child’s attorney, and she was careful not to perform that function. I see

nothing in this situation that violated the dictates of Clark or Pace. (pp 883-884).

In re 'H' Children, 79 P.3d 997 (Wyo. 2003), C-02-7.

The Court again addresses ambiguity in the appointment of an attorney as GAL and what role he was allowed

and did serve. The Court restates the development of the standards through case law and find that, while there

were problems in adhering to the standards announced in case law, there was no reversible error. This time

Justice Golden dissents and is joined by Chief Justice Hill raising concerns (similar to Robbins concurrence) in

that, if he was appointed as the attorney before being appointed as the GAL, then he had a conflict and could

not have been appointed as GAL because it would have been a conflict. The dissent again repeats the position

that it is acceptable for an attorney to be appointed solely as GAL.

Inman v. Williams, 187 P.3d 868 (Wyo. 2008) & Inman v. Williams, 205 P.3d 185, (Wyo. 2009)

These cases generally address the scope of a GAL's responsibilities and affirmed the court's authority to assign

extensive duties to the GAL, subject to review of the Court upon application of either party.

Wyoming Rules of Professional Conduct for Attorneys at Law:



The Wyoming Rules of Professional Conduct further outline the responsibility of attorneys representing

children as the Attorney/Guardian ad litem. Relevant excerpts include:

Preamble (Excerpts):

[2] A lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding

of the client's legal rights and obligations and explains their practical implications. As an intermediary between

clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited extent, as a

spokesperson for each client. As advocate, a lawyer zealously asserts the client's position under the rules of the

adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with

requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs

and reporting about them to the client or to others. As a guardian ad litem, a lawyer represents the best interests

of the individual for whom the lawyer has been appointed to act, and the lawyer’s obligations pursuant to these

rules shift accordingly.

Rule 1.2 Scope of representation and allocation of authority between client and lawyer.

(e) When a lawyer is appointed to act as a guardian ad litem, the lawyer shall represent what he or she

reasonably believes to be in the best interests of the individual. The lawyer shall not, therefore, be bound by the

individual’s objectives for the representation. The lawyer shall, however, consult with the individual, in a

manner appropriate to the age and/or abilities of the individual, as to the objectives the lawyer intends to pursue,

as well as the means by which those objectives will be pursued.

Rule 1.4 Communication.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed

decisions regarding the representation, except that a lawyer appointed to act as a guardian ad litem shall be

ultimately responsible for making decisions in the best interests of the individual.

Comments -

[7] Ordinarily, the information to be provided is that appropriate for a client who is a comprehending and

responsible adult. However, fully informing the client according to this standard may be impracticable, for

example, where the client is a child or suffers from diminished capacity. See Rule 1.14. When the lawyer is

appointed to act as a guardian ad litem, the lawyer is ultimately responsible for making reasonable decisions

about the best interests of the individual, and shall consult with the individual to the extent reasonably possible,

unless the attorney reasonably determines that consultation would be contrary to the individual’s best interests.

See Rules 1.2 and 1.14. When the client is an organization or group, it is often impossible or inappropriate to

inform every one of its members about its legal affairs; ordinarily, the lawyer should address communications to

the appropriate officials of the organization. See Rule 1.13. Where many routine matters are involved, a system

of limited or occasional reporting may be arranged with the client.

Withholding Information. [8] In some circumstances, a lawyer may be justified in delaying transmission of

information when the client would be likely to react imprudently to an immediate communication. Thus, a

lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that

disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interest or

convenience or the interests or convenience of another person. A lawyer appointed to act as a guardian ad litem

may withhold information when the attorney reasonably believes that communication of the information to the

individual would not be in the individual’s best interests. Rules or court orders governing litigation may provide



that information supplied to a lawyer may not be disclosed to the client. Rule 3.4(c) directs compliance with

such rules or orders.

Rule 1.6 Confidentiality of Information.

(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

...(5) to protect the best interests of an individual when the lawyer has been appointed to act as a

guardian ad litem.

Comment -

[13] Fourth, a lawyer appointed to act as a guardian ad litem represents the best interests of that individual,

not the individual. As stated in paragraph (b)(5), the lawyer has professional discretion to reveal information in

order to protect the individual's best interests. Any such disclosure should be no greater than that which the

lawyer reasonably believes necessary to protect the individual's best interests.

Rule 1.14. Client with diminished capacity.

(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial

physical, financial or other harm unless action is taken, and cannot adequately act in the client's own interest,

the lawyer may take reasonably necessary protective action, including consulting with individuals or entities

that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a

guardian ad litem, conservator or guardian.

(d) A lawyer appointed to act as a guardian ad litem represents the best interests of that individual, and shall

act in the individual’s best interests even if doing so is contrary to the individual’s wishes. To the extent

possible, however, the lawyer shall comply with paragraph (a) of this rule.

Comment. -

[1] The normal client-lawyer relationship is based on the assumption that the client, when properly advised

and assisted, is capable of making decisions about important matters. When the client is a minor or suffers from

a diminished capacity, disorder or disability, however, maintaining the ordinary client-lawyer relationship may

not be possible in all respects. In particular, a severely incapacitated person may have no power to make legally

binding decisions. Nevertheless, a client with diminished capacity, disorder or disability often has the ability to

understand, deliberate upon, and reach conclusions about matters affecting the client's own well-being. For

example, children as young as five or six years of age, and certainly those of ten or twelve, are regarded as

having opinions that are entitled to weight in legal proceedings concerning their custody. So also, it is

recognized that some persons of advanced age can be quite capable of handling routine financial matters while

needing special legal protection concerning major transactions.

[4] If a guardian or other such representative has already been appointed for the client, the lawyer should

ordinarily look to the representative for decisions on behalf of the client. In matters involving a minor, whether

the lawyer should look to the parents as natural guardians depends on the type of proceeding or matter in which

the lawyer is representing the minor.

[5] A lawyer who is appointed to act as a guardian ad litem has a fundamentally different responsibility than

a lawyer who represents an individual. The lawyer acting as guardian ad litem shall act as reasonably necessary

in the best interests of the individual. See Rule 1.2. In such circumstances the lawyer is expected to be

ultimately responsible for making decisions regarding the welfare of the individual, after appropriate

consultation with the individual, and take steps to implement those decisions, even if the individual disagrees

with the attorney for the best interests. See Rule 1.6.



[8] If a guardian or other such representation has not been appointed, the lawyer should consider whether

appointment of a guardian ad litem, conservator or guardian is necessary to protect the client's interests. Thus, if

a client with diminished capacity has substantial property that should be sold for the client's benefit, effective

completion of the transaction may require appointment of a legal representative. In addition, rules of procedure

in litigation sometimes provide that minors or persons with diminished capacity must be represented by a

guardian or next friend if they do not have a general guardian. In many circumstances, however, appointment of

a legal representative may be more expensive or traumatic for the client than circumstances in fact require.

Evaluation of such circumstances is a matter entrusted to the professional judgment of the lawyer. In

considering alternatives, however, the lawyer should be aware of any law that requires the lawyer to advocate

the least restrictive action on behalf of the client.

Rules of Procedure for Juvenile Court

Rule 8. CASA Provisions. (Court Appointed Special Advocates Program)

A. General Requirements. The local Court Appointed Special Advocates Program serving the judicial district

where the Juvenile Court is located may provide volunteers to serve without compensation as Court Appointed

Special Advocates (CASAs) at the order of the Juvenile Court. The local Court Appointed Special Advocates

Program must have completed the required standards for current members in good standing with the National

Court Appointed Special Advocates Association. The local Court Appointed Special Advocates Program shall

designate the individual CASA volunteer for assignment to a case.

B. Qualifications of Court Appointed Special Advocates. The CASA must have successfully completed the

screening and training as required by the local Court Appointed Special Advocate Program and mandated by the

National Court Appointed Special Advocates Association. All CASAs are subject to the direction of their local

Court Appointed Special Advocates Program.

C. Appointment. The Juvenile Court may appoint a CASA to serve the best interests of a child in abuse or

neglect actions. All CASAs must be sworn in by the Juvenile Court before beginning their duties. The CASA

serves at the pleasure of the court. The CASA volunteer shall not act as the legal representative or attorney

guardian ad litem of any child in any appointed case. The CASA serves a role that is separate from the role of

the attorney guardian ad litem although it is the expectation of the court that the attorney guardian ad litem and

the CASA would collaborate and cooperate in the best interests of the child. The CASA serves until the case is

concluded or the court enters an order for removal.

D. Duties of Court Appointed Special Advocates. The Court Appointed Special Advocate shall:

1. Serve the best interests of the child in abuse proceeding, neglect proceeding or both;

2. Provide independent, factual information including, but not limited to, a written report to each party

regarding the cases to which the CASA is appointed;

3. Submit a written report to the parties at least five (5) business days prior to each dispositional or other

post-adjudicatory hearing involving the child/children;

4. Be allowed to observe all depositions, pretrial conferences, and hearings;

5. Upon appointment, have access to review and make copies of all Department of Family Services

records regarding the child and his or her family with the consent of the guardian ad litem; have access

to review and make copies of the court file in the judicial district court where the action is pending; and

have access to review and receive copies of other records as allowed and ordered by the court;

6. Receive reasonable notice from the Department of Family Services of changes in placement, school,

or any other change of circumstances affecting the child;

7. Monitor cases to which they are appointed to assist in assuring that the terms of the court’s orders are

fulfilled and timely permanency for the child is achieved; and

8. Ascertain the wishes of the child and assist in making the wishes known to the parties.



Rules of Civil Procedure

Rule 17. Parties plaintiff and defendant; capacity.

(c) Minors or incompetent persons. -

Whenever a minor or an incompetent person has a representative, such as a guardian, conservator, or other like

fiduciary, the representative may sue or defend on behalf of the minor or incompetent person. If a minor or an

incompetent person does not have a duly appointed representative, or such representative fails to act, the minor

or the incompetent person may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian

ad litem for a minor or an incompetent person not otherwise represented in an action or shall make such other

order as it deems proper for the protection of the minor or the incompetent person.

Rule 53 Masters

(a) Appointment and compensation. -

The court in which any action is pending may appoint a master therein. As used in these rules the word "master"

includes a referee, an auditor, or an examiner. The compensation to be allowed to a master shall be fixed by the

court, and may be charged against such of the parties or paid out of any fund or subject matter of the action,

which is in the custody and control of the court as the court may direct.

(b) Reference. -

A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall

be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account

and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional

condition requires it.

Rules of Appellate Procedure

7.13 Guardian ad litem.

(a) A lawyer appointed as a guardian ad litem (GAL) by a district court, or a lawyer retained to represent a

GAL, may participate in any appeal involving the matter for which the GAL has been appointed.

(b) Brief of GAL. A GAL may submit a brief in support of any party to an appeal. If the GAL does not support

any party, the GAL may submit a brief only with the permission of the court, which may be granted upon

motion of the GAL made on or before the time specified in Rule 7.12. All provisions of Rule 7.12 shall apply to

a GAL who does not support any party. If the GAL supports a party:

(1) The brief of the GAL shall be submitted on or before the time specified for the party whom the GAL

supports.

(2) The brief of the GAL shall comply with Rule 7.01, except that no statement of issues, statement of

the case, or an appendix shall be required. In addition, the cover page must identify that the brief is

being submitted by a GAL and indicate whether the brief supports affirmance or reversal.

(3) The brief of the GAL shall not exceed 35 pages, and shall otherwise conform to the requirements of

W.R.A.P. 7.05.

(4) A GAL who supports an appellant is not permitted to file a reply brief.

(c) Oral argument. Unless otherwise ordered by the court, a GAL’s argument may not exceed 10 minutes, which

shall be in addition to the time allotted to the parties pursuant to Rule 8.02. If more time is desired, the request

must be made by motion at the time of filing the GAL’s brief. The court may make such order as it deems

proper.

Wyoming Statues:



Factors to be Used in Determining Best Interest Position:

20-2-201. Disposition and maintenance of children in decree or order; access to records.

(a) In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant

to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that

appears most expedient and in the best interests of the children. In determining the best interests of the child, the

court shall consider, but is not limited to, the following factors:

(i) The quality of the relationship each child has with each parent;

(ii The ability of each parent to provide adequate care for each child throughout each period of

responsibility, including arranging for each child's care by others as needed;

(iii) The relative competency and fitness of each parent;

(iv) Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept

care for each child at specified times and to relinquish care to the other parent at specified times;

(v) How the parents and each child can best maintain and strengthen a relationship with each other;

(vi) How the parents and each child interact and communicate with each other and how such interaction

and communication may be improved;

(vii) The ability and willingness of each parent to allow the other to provide care without intrusion,

respect the other parent's rights and responsibilities, including the right to privacy;

(viii) Geographic distance between the parents' residences;

(ix) The current physical and mental ability of each parent to care for each child;

(x) Any other factors the court deems necessary and relevant.

(b) In any proceeding in which the custody of a child is at issue the court shall not prefer one (1) parent as a

custodian solely because of gender.

(c) The court shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the

children. If the court finds that family violence has occurred, the court shall make arrangements for visitation

that best protects the children and the abused spouse from further harm.

(d) The court shall order custody in well defined terms to promote understanding and compliance by the parties.

Custody shall be crafted to promote the best interests of the children, and may include any combination of joint,

shared or sole custody.

(e) Unless otherwise ordered by the court, the noncustodial parent shall have the same right of access as the

parent awarded custody to any records relating to the child of the parties, including school records, activities,

teachers and teachers' conferences as well as medical and dental treatment providers and mental health records.

(f) At any time the court may require parents to attend appropriate parenting classes, including but not limited

to, parenting classes to lessen the effects of divorce on children.

(g) At anytime a court is considering the custody or visitation rights of a service member, as defined by W.S.

20-2-205, the court shall comply with W.S. 20-2-205.

20-2-202. Visitation.

(a) The court may order visitation it deems in the best interests of each child and the court shall:

(i) Order visitation in enough detail to promote understanding and compliance;

(ii) Provide for the allocation of the costs of transporting each child for purposes of visitation;

(iii) Require either parent who plans to change their home city or state of residence, to give written

notice thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating

the date and destination of the move.



Resources and Guidance adopted in these Guidelines: 1. American Bar Association Section of Family Law, Standards of Practice for Lawyers Representing

Children in Custody Cases, Approved by the American Bar Association House of Delegates, August

2003

2. Taylor, Alison, 2002. The Handbook of Family Dispute Resolution: Mediation Theory and Practice

3. Roberts, Albert R., Social Workers’ Desk Reference, Second Ed.. 2009.

4. Ethically Speaking- Wyoming’s New Payment and Practice Standards for Guardians ad litem in

Juvenile Court, Wyo. Bar Journal, Vol 28, No. #1 (August 2005).

5. John Hartson and Brenda Payne, Creating Effective Parenting Plans, A Developmental Approach for

Lawyers and Divorce Professionals, American Bar Association, 2006.

6. Alicia Summers, Children’s Exposure to Domestic Violence: A Guide to Research and Resources,

National Council of Juvenile and Family Court Judges, 2006.



APPENDIX A

(John Hartson and Brenda Payne, Creating Effective Parenting Plans, A Developmental Approach for Lawyers

and Divorce Professionals, American Bar Association, 2006.)

Newborn; birth to 6 months

Regular

weekly

schedule

Regular

weekend/

Overnights

Summer/

vacations

Holiday’s Conditions

Chart A: attached/good

parenting

Up to 3x a

week; 2

hr.

duration

None Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

In custodial parent

home or

noncustodial if

home is childproof

and safe

transportation is

provided

Chart B: problem

attachment/problem

parenting

Up to 3x a

week; 1

hr.

duration

None Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

In custodial parent

home with custodial

parent or other

selected person

present

Chart C: severe problems

requiring limitations

1 x a

week; 1

hr.

duration

None Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Supervised; only in

safe environment

Chart D: long distance Daily

contact for

up to 3

hrs.; when

parent is

in area

None none Up to 3

hrs. when

parent is

in area

In custodial parent

home with custodial

parent or other

selected person

present



Infants: 6 to 18 months

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

Up to 3x a

week; 3 hr.

duration

Once per

week, up

to one 24

hr

overnight

Up to 3

consecutive

days and

overnights

once per

year

Every

holiday, up

to 4 hrs., to

be

determined

by

custodial

parent 2

weeks

prior

Can be in the non

custodial parents

home or a

familiar, child

related

environment

Chart B: problem

attachment/problem

parenting

Up to 3x a

week; 1 hr.

duration

No

overnight

but one 4

hr. block

every

other

weekend,

in the

morning

or

afternoon

4 hr block

of time

during the

day, up to 7

consecutive

days, once

per summer

Every

holiday,

not to

exceed 3

hrs, set by

custodial

parent

Must be held in

custodial parent

home or familiar

child related

environment with

custodial parent or

other selected

person

Chart C: severe

problems requiring

limitations

1 x a week

for 1 hr.

none Same as

regular

weekly

schedule

1 hr for

each

holiday

Child not to be

separated from

custodial parent at

any time or only

supervised visits

through a program

or relative


contact for

up to 8 hrs,

up to 7

consecutive

days; when

noncustodial

parent is in

area

none Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Must be held in

custodial parent

home or a familiar

child related

environment with

custodial parent or

other selected

person



Toddlers: 18 months to 3 years

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

3-5 x per

week; each

for 2-8

consecutive

hrs(held

during

child’s

waking hrs)

no later

then 7 pm

Every

other

weekend,

1

overnight

from Sat

9am to

Sun 6pm

3-7

consecutive

days and

overnights,

twice per

summer

Every

holiday, a

block of 4

hrs, to be

determined

by

custodial

parent 2

weeks

prior

can be in non

custodial parents

home or a familiar

child related

environment

Chart B: problem

attachment/problem

parenting

1-3 x per

week; each

up to 2 hrs

Every

other

weekend,

1 day

from 9am

to 6pm;

no

overnights

3-7

consecutive

days from

9am to

6pm,once

per summer

Every

holiday, a

block of 4

hrs, to be

determined

by

custodial

parent 2

weeks

prior

may be in non

custodial parents

home or a familiar

child related

environment



1 x per

week for up

to 2 hrs

none Same as

regular

weekly

schedule

1 hr for

each

holiday

Child not to be

separated from

custodial parent at

any time or only

supervised visits

through a

program, relative

or other selected

person


contact for

up to 8 hrs,

for up to 7

consecutive

days, when

non

custodial

parent is in

area

none Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Must be held in

custodial parent

home or a familiar

child related

environment with

custodial parent or

other selected

person



Preschool: 3-5 years

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

3-5 x per

week; each

for 2-8

consecutive

hrs; no later

then 9 pm

(1) Every

weekend,1

overnight

from 9am to

6 pm the

next day or

(2) every

other

weekend,

from Fri.

6pm to Sun.

6pm

7consecutive

days and

overnights,

twice per

summer ( in

different

months)

Every

holiday, a

block of 4

hrs, to be

determined

by

custodial

parent 2

weeks prior

may be in non

custodial

parents home

or a familiar

child related

environment

Chart B: problem

attachment/problem

parenting

1-3 x per

week; each

2 -4 hrs; no

later then 9

pm

Every other

weekend, 1

day from

9am to

6pm; no

overnights

3-7

consecutive

days from

9am to

6pm,once

per summer

Every

holiday, a

block of 4

hrs, to be

determined

by

custodial

parent 2

weeks prior

may be in non

custodial

parents home

or a familiar

child related

environment



1 x per

week for up

to 2 hrs

none Same as

regular

weekly

schedule

1 hr for

each

holiday

Child not to be

separated from

custodial

parent at any

time or only

supervised

visits through a

program,

relative or

other selected

person


contact for

up to 8 hrs,

for up to 7

consecutive

days, when

non

custodial

parent is in

area

none Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Must be held

in custodial

parent home or

a familiar child

related

environment

with custodial

parent or other

selected person



Early Elementary: 6-10 years

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

1 midweek

contact,

from after

school or

work until

8 pm

Every other

weekend,

from Fri.

6pm to Sun.

6pm

Up to 14

consecutive

days and

overnights

in a

summer

(1) Holidays

divided

equally,

custodial

having half

the list in

even years;

or (2) each

parent has 6

hrs on each

holiday

every year

Winter and

Spring breaks

divided equally

or alternated

annually

Chart B: problem

attachment/problem

parenting

1 midweek

contact,

from after

school or

work until

8pm

Every other

weekend,

from Sat.

9am to Sun.

6pm

7

consecutive

days and

overnights,

once per

summer

Holidays

divided

equally,

custodial

parent

having half

the list in

even years,

noncustodial

parent in

odd years

3-5 consecutive

days and

overnights

during spring

and winter

breaks

Chart C: severe

problems requiring

limitations

1 x per

week

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Supervised

contacts through

a program,

relative or other

selected person


contact for

up to 8 hrs,

for up to 7

consecutive

days, when

non

custodial

parent is in

area

Overnight

from Fri.

6pm to Sun.

6pm; when

noncustodial

parent is in

area

7

consecutive

days and

overnights,

once per

summer

Child may

travel to

parent for 3-

5 days, up to

5 x per year

Must be held in

custodial

parents home or

familiar child

related

environment



Middle years: 11-15 years

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

1 midweek

contact,

from after

school or

work until

8 pm,

unless

child’s

activities

prevent

Every other

weekend,

from Fri.

6pm to Sun.

6pm

Up to 21

consecutive

days and

overnights

in a

summer

(1) Holidays

divided

equally,

custodial

having half

the list in

even years;

or (2) each

parent has 6

hrs on each

holiday

every year

Winter and

Spring breaks

divided equally

or alternated

annually

Chart B: problem

attachment/problem

parenting

Phone

contact; or

attendance

at child’s

activities

only

Every other

weekend,

from Sat.

9am to Sun.

6pm

14

consecutive

days and

overnights,

once per

summer

Holidays

divided

equally,

custodial

parent

having half

the list in

even years,

noncustodial

parent in

odd years

3-5 consecutive

days and

overnights

during spring

and winter

breaks

Chart C: severe

problems requiring

limitations

1 hr. per

week

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Supervised

contacts through

a program,

relative or other

selected person

Chart D: long distance 1 Daily

contact for

up to 8 hrs,

for up to 7

consecutive

days, when

non

custodial

parent is in

area

Overnight

from Fri.

6pm to Sun.

6pm; when

noncustodial

parent is in

area

14

consecutive

days and

overnights,

once per

summer

Child may

travel to

parent for 3-

5 days, up to

5 x per year

Must be held in

a familiar child

related

environment



Older Teens: 16-18 years

Regular

weekly

schedule

Regular

weekend/

overnights

Summer/

vacations



parenting

1 midweek

contact,

from after

school or

work until

8 pm,

unless

child’s

activities

prevent

1 weekend

per month,

from Fri.

6pm to Sun.

6pm,

selected by

teen

Up to 21

consecutive

days and

overnights

in a

summer

(1) Holidays

divided

equally,

custodial

having half

the list in

even years;

or (2) each

parent has 6

hrs on each

holiday

every year

Winter and

Spring breaks

divided equally

or alternated

annually

Chart B: problem

attachment/problem

parenting

Phone

contact; or

attendance

at child’s

activities

only

1 weekend

per month,

from Sat.

9am to Sun.

6pm,

selected by

teen

14

consecutive

days and

overnights,

once per

summer

Holidays

divided

equally,

custodial

parent

having half

the list in

even years,

noncustodial

parent in

odd years

3-5 consecutive

days and

overnights

during spring

and winter

breaks

Chart C: severe

problems requiring

limitations

1 hr. per

week

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Same as

regular

weekly

schedule

Supervised

contacts through

a program,

relative or other

selected person

Chart D: long distance 1 Daily

contact for

up to 8 hrs,

for up to 7

consecutive

days, when

non

custodial

parent is in

area

Overnight

from Fri.

6pm to Sun.

6pm; when

noncustodial

parent is in

area

14

consecutive

days and

overnights,

once per

summer

Child may

travel to

parent for 3-

5 days, up to

5 x per year

Must be held in

a familiar child

related

environment

Proposed Guidelines for Attorney/Guardian ad litem ... · Child in Abuse and Neglect Cases (1996)...

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