A Wisconsin guardian ad litem is not on your side or the other parent’s side. The guardian ad litem advocates for the child’s best interests, works independently, and considers, but is not bound by, the wishes of the child or either parent. What you can check is whether the guardian ad litem is doing the work the law requires.
Wisconsin law does not put a guardian ad litem on your side. Under Wis. Stat. § 767.407, the guardian ad litem is an advocate for the child’s best interests on legal custody, physical placement, and support, and functions like an attorney in the case. The guardian ad litem must be a Wisconsin attorney and cannot be a relative or representative of either party. See what a guardian ad litem does in Wisconsin custody cases.
The law lists duties you can measure. The guardian ad litem must weigh the same best interest factors the court uses, consider any custody study, look into any evidence of domestic abuse and report on it, comment on any mediation agreement or parenting plan, and tell the court the child’s wishes unless the child asks otherwise. If a duty was not addressed, point that out to the court with specifics.
The court sets the fee and orders either or both parents to pay it, so paying the fee does not make the guardian ad litem your advocate. Once the guardian ad litem has been on the case for a while, any party can ask the court for a status hearing on the work done. See how much a guardian ad litem costs in Wisconsin.
If you disagree with the recommendation, answer it with evidence. Give the guardian ad litem records and the names of people who know your child early in the case. At a contested hearing, present your own evidence, because the judge, not the guardian ad litem, decides custody and placement. Our Wisconsin child custody guide covers the full process.
If you are unsure whether the guardian ad litem is on your side, Renier Hotopp Law Offices can help you prepare for the investigation and hearing in your Wisconsin child custody case. Read more about the firm.
