There are two routes. Problems with how a guardian ad litem is handling your case go to the family court, which can hold a status hearing or consider ending the appointment. Ethics violations support a complaint against a guardian ad litem in Wisconsin with the Office of Lawyer Regulation, because every guardian ad litem must be a Wisconsin attorney.
A complaint against a guardian ad litem in Wisconsin can start in the case itself. Under Wis. Stat. § 767.407, a party can ask the court for a status hearing on the guardian ad litem’s work, and can ask in writing that the appointment be ended. Compare your concerns to what a guardian ad litem does in Wisconsin custody cases.
Disagreement with a recommendation is not misconduct. The guardian ad litem must consider, but is not bound by, the child’s wishes or either parent’s position. Challenge the recommendation at the hearing with your own evidence, such as a custody evaluation in Wisconsin, because the judge makes the final decision.
Ethics grievances go to the Office of Lawyer Regulation, which reviews grievances against individual attorneys. You can file by phone, mail, or email, using the grievance form on the Wisconsin court system website. OLR reviews each grievance and may close it, try to resolve a minor dispute, or investigate. Possible discipline ranges from a reprimand to loss of a law license.
Keep a dated log of missed contacts and records the guardian ad litem did not review, and raise specific problems with the guardian ad litem in writing before going to the court. A relative or representative of a party, or a lawyer for a party, cannot serve as guardian ad litem, so raise that conflict with the court right away. OLR staff cannot give legal advice, and OLR does not handle fee disputes. Our Wisconsin child custody guide explains the rest of the case.
Renier Hotopp Law Offices helps parents in Wisconsin child custody cases decide whether a concern belongs in a court motion or a complaint against a guardian ad litem in Wisconsin. Read more about the firm.
