I have been involved in a nasty custody fight which did involve abuse by my ex. We hired a Guardian ad litem hoping that he would benefit my child. He was given a court order that stated to speak at a "minimum" doctors, teachers, etc. He did speak to the pediatrician, but not to anyone else involved in my child's life. He was given others to speak with too, but only spoke with my ex -in -laws, DCS worker. Out of 9 witnesses I gave him , the pediatrician was the only one he called. Because of this he could not clearly see the ongoing abuse from my ex. In court I had some of those witnesses, but the judge did not want to hear them. He trusted the GAL had done his job appropriately. Because of this my child now has to go to his fathers more. I am working on what can be done in my county to protect my child. Would this be considered Attorney malpractice since he talked to people my husband gave him and not to people I gave him, including a psychologist. To me it seemed as though my ex's "rights" were considered, but not best interest of the child.

You should appeal the judge's decision on the ground that the GAL was not thorough and you should bring these people in to testify or have them present letters or affidavits to the court too. The court should ahve at least heard your presentation and if not, there are grounds for appeal.

In my case, the GAL had over 50 clients, as well as her regular law prectice. She never made it out to the house to check on the situations I reported. She was proven to have made false statements in court.

The final straw was when she was trying to flirt with the judge. (also a woman) I was one of the first men to win custody from that judge.

Do your homework, document the statements, and get a copy introduced into evidence. The judges spend more time going over what has been introduced than in listening to the case.