What Is The Difference Between A Parenting Evaluator and Guardian ad Litem?

Before discussing the differences between a Parenting Evaluator and a Guardian ad Litem, it is necessary to address the general role they share.  Either or both may be appointed by the court in a matter involving a child custody dispute.  These professionals are appointed to evaluate the best interests of the children when the parents are unable to reach agreement, there is high conflict, or other issues at play such as substance abuse, physical abuse, or other significant allegations against either or both parents.

 RCW 26.09.184 (1) provides:

 The objectives of the permanent parenting plan are to:

     (a) Provide for the child’s physical care;

     (b) Maintain the child’s emotional stability;

     (c) Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;

     (d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191;

     (e) Minimize the child’s exposure to harmful parental conflict;

     (f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

     (g) To otherwise protect the best interests of the child consistent with RCW 26.09.002.

 

RCW 26.09.220(1) states

(a) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, court-appointed special advocate, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families.

            (b) An investigator is a person appointed as an investigator under RCW 26.12.050(1)(b) or any other third-party professional ordered or appointed by the court to provide an opinion, assessment, or evaluation regarding the creation or modification of a parenting plan.

The definition of Guardian ad Litem is an individual who is appointed to represent the interests of a person unable to represent their own interests; in this case the child.  Thus, they become a party to the action, must be advised of all court hearings relating to parenting issues, and are only dismissed by order of the court.  Conversely, a Parenting Evaluator is not a designated advocate for the child and not party to the action.  They are not required to be given notice of hearings, and their role is completed once they have issued their final report.

Each county maintains a registry for Guardians ad litem, and they are required to complete specific training in order to be certified to serve upon the court’s registry.  Lawyers, counselors, and lay persons may complete the training and become a Guardian ad Litem.  A Parenting Evaluator, on the other hand, is not simply a trained lay person, but rather a mental health professional, often a PhD, who has specific education, background and training related to family systems, child development, and child and adult psychopathology. 

The function of a Guardian ad Litem is to investigate the child’s situation and circumstance, interview the parents and those familiar to the parents and child such as teachers, extended family, and perhaps counselors involved with the parents or children.  They are then called upon to provide a report of their investigation and factual findings.  From these findings, the Guardian ad Litem recommends a residential schedule based upon the application of RCW 26.09.184 (noted above).  They are to be an advocate for the child, and represent the best interests of the child.  The Guardian ad Litem is not expected to make diagnostic or therapeutic recommendations but is expected to provide an information base from which to draw resources.

A Parenting Evaluator conversely, does not represent the child, but rather investigates the parents and child, may perform certain psychological testing or have another certified professional provide such testing.  Like Guardians ad Litem, Parenting Evaluators provide recommendations to the court regarding the residential schedule of the children.  They are to identify each parent’s relative parenting strengths and weaknesses and the integration of these competencies and deficiencies to the psychological and developmental needs of the child.  In applying this information, Parenting Evaluators will often also recommend therapeutic resources to either or both parents and/or the child to aid in developing healthier family systems.     

The court may appoint one or the other, or both depending upon the facts presented.  Typically, both Guardians ad Litem and Parenting Evaluators charge hourly for their time.  A Parenting Evaluator may have a “flat fee” and a Guardian ad Litem may have a “fee limit” established by the court which they cannot exceed without approval of the court.  Regardless, these investigations can prove costly and the total fees may exceed $10,000 depending upon the issues involved and whether independent psychological testing is required. 

In conclusion, while Guardians ad Litem and Parenting Evaluators share many functions, their primary differences are their role in the litigation process (party versus expert) and investigative methodology (fact gathering versus behavioral interpretation and recommendations).  Which professional should be appointed in any particular matter will strongly depend upon the allegations and issues raised by the parties. 

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