Domestic Relations Resource Guide - Section I: Substantive Law

Guardians ad Litem (GAL)

1. Definitions [Sup.R. 48.01]

   • Guardian ad litem: A person appointed by a court to assist the court in determining the best interest of a child. [Sup.R. 48.01(C)]

   • Allocation of parental rights and responsibilities: References in Sup.R. 48 to this term also include cases in which legal custody, parenting time, companionship, or visitation rights are also at issue. “Allocation of parental rights and responsibilities”, legal custody, parenting time, companionship, or visitation rights has the same meaning as in R.C. 3109.04 and R.C. 3109.051. [Sup.R. 48.01(A)]

   • Attorney for child: An attorney appointed to act as legal counsel for a child and to advocate for the child’s wishes. [Sup.R. 48.01(B)]

   • Child: A person under eighteen years of age. A person who is older than eighteen years of age who is deemed a child until the person attains twenty-one years of age under R.C. 2151.011(B)(6) or R.C. 2152.02(C). A child under R.C. 3109.04 or a child with disabilities under R.C. 3119.86 who falls under the jurisdiction of a domestic relations or juvenile court. [Sup.R. 48.01(D)]

   Authority: Rules of Superintendence 48; Civ.R. 75. See Supreme Court of Ohio’s Judicial Guide to Guardian ad Litem Programs

2. Appointment of Guardian ad Litem [Sup.R. 48.02]
   A court appointing a GAL under this rule shall enter an order of appointment, which shall include statements regarding all of the following: [Sup.R. 48.02(A)]

   • The appointment is to serve as a GAL. In allocation of parental rights and responsibilities cases, a dual appointment as GAL and attorney for the child is prohibited. [Sup.R. 48.02(E)]

   • Unless otherwise specified by court rule, the appointment remains in effect until discharged by court order.

   • The GAL shall be given notice of all hearings and proceedings and shall be provided with a copy of all pleadings, motions, notices, and other documents filed in the case.

   • The GAL report shall include the following language:

     • “The guardian ad litem report shall be provided to the court, unrepresented parties, and legal counsel. Any other disclosure of the report must be approved in advance by the court. Unauthorized disclosure of the report may be subject to court action including the penalties for contempt, which include fine and/or incarceration.”

   • The rate of compensation for the GAL in allocation of parental rights and responsibilities cases.

   • The terms and amount of any installment payments and deposits in allocation of parental rights and responsibility cases.

   Limited Scope Appointment [Sup.R. 48.02(B)]
   A court may appoint a GAL to address a specific issue or issues. The court shall include in the order of appointment the specific issue or issues to be addressed and a statement that the guardian ad litem is relieved of the duties set forth in Sup.R. 48.03(D) that are not applicable to the specific issue or issues.

   Discretionary Appointments in Allocation of Parental Rights and Responsibilities Cases [Sup.R. 48.02(F)]
   Unless a mandatory appointment is required by rule or statute, a court may make a discretionary appointment of a GAL in allocation of parental rights and responsibilities cases. In making a discretionary appointment, a court should consider all the circumstances of the case, including but not limited to all of the following:

   • Allegations of abuse or neglect of the child;

   • Consideration of extraordinary remedies, such as supervised visitation, terminating or suspending parenting time or awarding custody or visitation to a non-parent;

   • Relocation that could substantially reduce the time of a child with a parent or sibling;

   • Wishes and concerns of the child;

   • Harm to the child from drug or alcohol abuse by the party;

   • Past or present child abduction or risk of future abduction;

   • Past or present family violence;

   • Special physical, educational, or mental health issues of the child or a party;

   • High level of conflict;

   • Inappropriate adult influence or manipulation;

   • Interference with custody or parenting time;

   • A need for more information relevant to the child’s best interest;

   • A need to minimize the harm to the child from family separation or litigation; and

   • Any other relevant factor.

   Reappointment [Sup.R. 48.02(G)]
   A court should consider reappointing the same GAL for a specific child in any subsequent case determining the child’s best interest.

3. GAL Fee Determinations [Sup.R. 48.02(H)]
   A court appointing a GAL in a case involving allocation of parental rights and responsibilities shall determine the ability of a party to pay a deposit of fees and expenses. The court may reconsider its determination any time before the conclusion of the case. A court shall consider all the following when making this determination:

   • Parties’ incomes, assets, liabilities, and financial circumstances

   • Complexity of the issues

   • Anticipated expenses of the GAL, including travel

   An attorney GAL may file a motion for payment any time before the conclusion of the case and shall file a motion for payment at the conclusion of the case. The motion shall include an itemization of duties performed, time billed, costs and expenses incurred pursuant to Sup.R. 48.03(H)(1).

   When allocating the GAL’s fees and expenses once a motion is filed, the court shall consider any relevant factor, including any of the following:

   • Rate of compensation

   • Sources of compensation, including the parties, specialized funds, or pro bono contribution by the guardian ad litem

   • Income, assets, liabilities, and financial circumstances of the parties

   • Conduct of any party resulting in the increase of the GAL’s fees and expenses, without just cause

   • Terms and amounts of any installment payments

   Unless a hearing is requested by the court or a party within 14 days after a motion for payment is filed, the court shall issue an order providing for the payment of the GAL’s fees and expenses as is appropriate.

   PRACTICE TIP:

   Courts should include the hourly rate to be billed by GALs in their local rule.

   Enforcement of Payment [Sup.R. 48.02(I)]
   If the GAL’s fees and expenses exceed the deposits or installment payments ordered and made, the court may do any of the following:

   • Issue a lump sum judgment when it determines fees and expenses or at the time of a further proceeding.

   • Enforce the payment of fees and expenses through a contempt proceeding.

   • Enforce any order for the payment of fees and expenses in any other manner authorized by law.

   A court shall not delay or dismiss a proceeding solely because a party fails to pay fees and expenses as required by the court. A party’s inability to pay the fees and expenses of the guardian ad litem as ordered shall not delay the filing of a final entry.

4. GAL Responsibilities [Sup.R. 48.03(A)]
   A GAL’s responsibilities include, but are not limited to the following:

   • Provide recommendations of the child’s best interest. These may be inconsistent with the child’s wishes or of other parties.

   • Maintain independence, objectivity and fairness with the parties and professionals.

   • Refrain from ex parte communication with the court on the merits of the case.

   • Act with respect and courtesy in performing duties.

   • Attend hearings relevant to responsibilities.

   • Notify the court and parties in writing upon learning recommendations differ from child’s wishes.

   • If necessary, request timely court reviews or court intervention with written notice to parties.

   • If the GAL is an attorney, file pleadings, motions, and other documents, present and question and cross examine witnesses pursuant to applicable rules.

   • Be available to testify. A GAL who is an attorney shall comply with Prof.R. 3.7.

   • If the GAL is not an attorney, avoid engaging in conduct constituting unauthorized practice of law.

   • If the GAL is not an attorney, ask the court to appoint an attorney to file motions or pleadings and to call and examine or cross examine witnesses.

5. Conflicts of Interest [Sup.R. 48.03(B)]
   A GAL is to avoid any actual or apparent conflict of interest arising from any relationship or activity, including but not limited to those of employment or business or from professional or personal contacts with parties or others involved in the case. When becoming aware of any actual or apparent conflict of interest, the GAL must immediately notify the court in writing. The court shall take action as it deems necessary.

6. Satisfaction of Training Requirements [Sup.R. 48.03(C)]
   A GAL shall meet education requirements of Sup.R. 48.04, Sup.R. 48.05 and any local rules. Annually, the GAL shall do both of the following:

   • Meet qualifications for each court and advise the court of any ground for disqualification or any issues affecting ability to serve.

   • Provide the court with documentation of compliance with education requirements including details of education received.

7. Duties of a GAL [Sup.R. 48.03(D)]
   Unless relieved by the court, GAL duties include, but are not limited to, the following:

   • Become informed of the facts of the case and contact all relevant persons.

   • Observe the child with each parent, foster parent, guardian, or physical custodian.

   • Interview the child, if developmentally appropriate, with no parent, foster parent, guardian, or physical custodian present.

   • Visit the child at the residence or proposed residence of child in accordance with court standards.

   • Ascertain the child’s wishes and concerns.

   • Interview parties, foster parents, guardians, physical custodians, and other significant individuals who may have relevant knowledge of issues in case. A GAL may require these persons to be interviewed individually. If requested, the person’s attorney may be present.

   • Interview relevant school, medical, mental health child protective services, and court personnel; obtain copies of relevant records.

   • Review pleadings and other relevant court documents in the case.

   • Obtain and review relevant criminal, civil, educational, mental health, medical, or administrative records pertaining to the child and, if appropriate, the child’s family or other parties to the case.

   • Request the court order psychological evaluations, mental health, or substance abuse assessments or other evaluations or tests of the parties the GAL deems necessary or helpful to the court.

   • Review necessary information and interview other persons as necessary to make an informed recommendation regarding the child’s best interest.

8. Identification of a GAL [Sup.R. 48.03(E)]

   • A GAL shall immediately identify themselves as a GAL when contacting persons.

   • A GAL shall inform persons of their role and scope of appointment.

   • A GAL shall notify persons that documents obtained by the GAL may become part of court proceedings.

9. Confidentiality [Sup.R. 48.03(F)]

   • A GAL shall make no disclosure about the case or investigation, except to parties, their attorneys, in reports to the court, or as necessary to perform their duties, including as a mandated reporter.

   • A GAL shall maintain confidentiality of personal identifiers, as defined in Sup.R. 44, and home addresses where there are allegations of domestic violence or risk to the safety of the child or a party.

   • Upon motion or application, the court may order disclosure of or access to information necessary to challenge the truth of information from a confidential source. The court may impose conditions necessary to protect witnesses from potential harm.

10. Timeliness [Sup.R. 48.03(G)]
    A GAL shall perform their responsibilities in a prompt and timely manner.

11. Recordkeeping [Sup.R. 48.03(H)]

    • A GAL shall keep accurate records of time spent, services rendered, and expenses incurred when performing duties.

    • In allocation of parental rights and responsibilities cases the GAL shall provide monthly statements of fees and expenses to all parties.

    • If ordered by the court or at the conclusion of responsibilities, the GAL shall file an itemized statement and accounting with the court, with copies to parties responsible for payment.

12. Education Requirements [Sup.R. 48.04-48.05]

    • A GAL shall complete the 12 hour pre-service education provided by the Supreme Court of Ohio, the Ohio Court-Appointed Special Advocates (CASA) Guardian ad Litem Association, or with the appointing court’s approval, another provider.

      • Of the 12 hours, six hours shall be live education. The remaining six hours may be earned online or live education, teaching, mentoring, or field-training approved by appointing court.

      • A person currently serving as a GAL on January 1, 2021, shall be deemed compliant with the pre-service education and is not required to complete the 12 hours of pre-service education.

    • Annually, a GAL must complete six hours of continuing education provided by Supreme Court of Ohio, the Ohio Court-Appointed Special Advocates (CASA) Guardian ad Litem Association, or with the appointing court’s approval, another provider.

      • Three of the six hours shall be obtained by attending live education. The remaining three hours may be satisfied by online or live education, training, writing, mentoring, or field activities approved by the appointing court.

      • If a GAL fails to complete six hours of continuing education within any calendar year, the individual shall not be eligible to serve as GAL on any new appointment until the continuing education requirement is satisfied. The court has discretion to continue current GAL appointments.

13. GAL Reports [Sup.R. 48.06]
    A GAL shall prepare a final written report with recommendations to the court within the time prescribed by Sup.R. 48.06(C) including activities performed and relevant information considered in reaching recommendations. In allocation of parental rights and responsibilities cases, the GAL shall provide the report to the court, unrepresented parties, and legal counsel not less than seven days before the final hearing date unless the court modifies the due date.

    • All reports shall include this warning: “The guardian ad litem report shall be provided to the court, unrepresented parties, and legal counsel. Any other disclosure of the report must be approved in advance by the court. Unauthorized disclosure of the report may be subject to court action including the penalties for contempt, which include fine and/or incarceration.”

    • Oral and written reports shall address relevant issues but are not be considered determinative.

    • A GAL shall be available to testify at hearings and may orally supplement their report at the conclusion of the hearing.

    • A GAL may provide an interim report at the court’s request.

    • The court shall consider the GAL’s recommendation in determining the child’s best interest only when the report or a portion of the report is admitted as an exhibit.

14. Responsibilities of the Court [Sup.R. 48.07]
    Each court appointing a GAL shall do all of the following:

    • Maintain a public list of approved GAL’s while maintaining individual privacy pursuant to Sup.R. 44-47.

    • Establish criteria, including all of the requirements of Sup.R. 48.01-48.07, for appointment and removal of GAL and procedures to ensure an equitable distribution of workload among GAL’s on the list.

      • Equitable distribution means a system through which appointments are made in an objectively rational, fair, neutral, and nondiscriminatory manner and are widely distributed among substantially all persons from the list maintained by the court. The court may consider the complexity of the issues, the parties, counsel, and the children involved, as well as the experience, expertise, and demeanor of available GALs.

    • Coordinate the application and appointment process, keep files and records, maintain information regarding training, and receive written comments and complaints regarding GALs’ performance practicing before the court.

    • Maintain files for persons approved for appointment as a GAL. Files shall contain all records and information required by Sup.R. 48.01-48.07 and local rules for selection and service of GALs, including a certificate or other satisfactory proof of compliance with training requirements.

    • Require all applicants to submit a resume or information sheet stating the applicant’s training, experience, and expertise demonstrating the applicant’s ability to successfully perform GAL responsibilities.

    • Review a criminal and civil background check and investigation of information relevant to the fitness of the applicant to serve as a GAL.

    • Conduct, at least annually, a review of the court’s list to determine that all GALs are in compliance with the training requirements and local rules, have performed satisfactorily on all assigned cases during the preceding calendar year, and are otherwise qualified to serve.

    • Require all GALs on the court’s list to certify annually they are unaware of any circumstances that would disqualify them from serving and to report the continuing education training in compliance with Sup.R. 48.05.

    • Develop a process or local rule for comments and complaints regarding the performance of GALs that does all of the following:

      • Designates a person for accepting and considering written comments and complaints;

      • Provides a copy of the comments and complaints to the GAL who is the subject of the comments or complaints;

      • Forwards any comments or complaints to the administrative judge of the court for consideration and appropriate action;

      • Develops a provision for the timely disposition by the court;

      • Notifies the person making the comment or complaint and the subject GAL of the disposition;

      • Maintains a written record in the file of the GAL regarding the nature and disposition of any comment or complaint.

Parenting Coordinators
“Parenting coordination” is a court-ordered child-focused dispute resolution process established to assist parties in implementing a parental rights and responsibilities order or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making.

1. When to Use Parenting Coordination [Sup.R. 16.62(A)]
   Parenting coordination may be ordered when the court determines one or more of following factors are present:

   • Parties have ongoing disagreements about the implementation of a parental rights order or companionship time order and need assistance.

   • There is a history of ongoing parental conflict that has been unresolved by previous litigation, and which is adversely affecting a child.

   • The parenting time schedule for the parties’ child requires frequent adjustments to maintain age-appropriate contact with both parties, and the parties are historically unable to reach agreement on their parenting schedule without court intervention.

   • The parties have a child with a medical or psychological condition or disability requiring frequent decisions about treatment or frequent adjustment in the parenting schedule, and the parties are historically unable to reach agreement without court intervention.

   • One or both parties has a medical or psychological condition or disability that results in an inability to reach agreements or adjustments in their parenting schedule without assistance.

   • Any other factor determined by court.

   The court does not need the parties’ consent to order a parenting coordinator.

2. Inappropriate Use of Parenting Coordination [Sup.R. 16.62(B)]
   The court shall not order parenting coordination to determine any of the following:

   • Changes in the designation of the residential parent or legal custodian.

   • Changes in the school placement of a child.

   • Substantive changes in parenting time.

   • The modification of child support, the allocation of tax exemptions or benefits, or the division of uncovered medical expenses.

3. Use of Parenting Coordination When Domestic Abuse or Violence is Alleged, Suspected, or Present [Sup.R. 16.65(A)(5)]
   If domestic abuse or violence is alleged, suspected, or present, parenting coordination may proceed only if all of the following conditions are satisfied:

   • Screening for domestic abuse, domestic violence, and capacity of parties to engage in parenting coordination is done before and during parenting coordination process.

   • The potential victim is fully informed about the parenting coordination process, the right to decline participation, and at the discretion of the parenting coordinator, the right to have other individuals attend and participate in parenting coordination sessions.

   • The parties have the capacity to participate in the parenting coordination process without fear of coercion or control.

   • Reasonable precautions have been taken by the court to create a safe parenting coordination environment for the parties and all other persons involved in the parenting coordination process.

   • Procedures are in place for the parenting coordinator to terminate a parenting coordination session if there is a threat of domestic abuse, domestic violence, or coercion between the parties.

4. Parenting Coordinator Requirements [Sup.R. 16.64]
   Parenting coordinators must meet all the following qualifications:

   • Be a licensed mental health professional or attorney licensed to practice law in Ohio or otherwise have education and experience satisfactory to the appointing court.

   • Possess extensive practical and professional experience in situations involving children including: counseling, casework, legal representation in complex family matters, serving as guardian ad litem or mediator, or other equivalent experience satisfactory to the court.

   • Be in compliance with the following training requirements:

     • Satisfied the Fundamentals of Mediation Training requirement in accordance with Sup.R. 16.23(A).

     • Completed Specialized Family or Divorce Mediation Training in accordance with Sup.R. 16.23(B)(1)(c).

     • Completed Specialized Domestic Abuse Issues in Mediation Training in accordance with Sup.R. 16.23(B)(1)(d).

     • Completed a Parenting Coordination Training approved by Supreme Court Dispute Resolution Section in accordance with standards established by the Commission on Dispute Resolution.

     • Before accepting appointment as a parenting coordinator in an abuse, neglect or dependency case have also completed Specialized Child Protection Mediation Training in accordance with Sup.R. 16.23(B)(2)(c).

   • Complete at least six hours continuing education each year relating to children, mediation, or diversity, as described in Sup.R. 16.64(B).

5. Parenting Coordinator’s Responsibilities [Sup.R. 16.63]
   A parenting coordinator shall:

   • Comply with the appointment order.

   • Comply with Guidelines for Parenting Coordination (Revised 2019) developed by the Association of Family and Conciliation Courts Task Force on Parenting Coordination. If there are conflicts between the Guidelines and Sup.R. 16.60 – 16.66, the rules control.

   • Avoid any actual or apparent conflicts of interest arising from any relationship or activity, including but not limited to those of employment, business, professional or personal contacts with parties or others involved in the case.

   • Upon becoming aware of any actual or apparent conflict of interest, the parenting coordinator shall advise the appointing court and the parties of the action taken to resolve the conflict and if unable to do so, seek direction from the court.

   • The parenting coordinator shall avoid serving in multiple roles with the same family, even with the consent of the parties.

   • Not offer legal advice.

   • Refrain from ex parte communication with appointing court regarding substantive matters or issues on the merits of the case.

   • Maintain records necessary to document charges for services and expenses and issue invoices for services no less than once per month.

   • Meet qualifications and comply with all training requirements of Sup.R. 16.64 and local court rules governing parenting coordination. Document qualifications and training upon request of the court.

   • Promptly notify the court of any grounds for disqualification or issues affecting the parenting coordinator’s ability to serve.

   • Decline or withdraw from an appointment or request assistance if the facts and circumstances are beyond the expertise of the parenting coordinator or if personal circumstances, including, but not limited to medical, mental health or substance misuse or dependence compromise parenting coordinator’s ability to perform role.

6. Local Parenting Coordination Rule [Sup.R. 16.60 – 16.61]
   A court or division that elects to use parenting coordination shall adopt a local rule governing parenting coordination that does the following:

   • Identifies case types eligible for parenting coordination.

   • Identifies case types precluded from parenting coordination, if any.

   • Specifies that communications made as part of parenting coordination are not confidential or privileged, except as provided by law.

   • Includes procedures for selection and referral of cases to parenting coordination at any point after an interim or final parental rights and responsibilities or companionship time order is filed.

   • Prohibits use of parenting coordination in domestic violence cases under R.C. 2919.25, R.C. 2919.26. R.C. 2919.27, and R.C. 3113.31. Parenting coordination is not prohibited in a juvenile delinquency case or a divorce or custody case even if the case results in the termination of the provisions of a protection order under R.C. 3113.31.

   • Establishes procedures for and encourages appropriate referrals to legal counsel, counseling, parenting courses, and other support services for all parties, including victims and suspected victims of domestic abuse and domestic violence.

   • Addresses any other issues the court or division considers necessary and appropriate.

7. Court Responsibilities When Using Parenting Coordination [Sup.R. 16.65(A)]
   A court using parenting coordination shall do all of the following:

   • Establish screening procedures for the capacity of parties to participate in parenting coordination.

   • Establish procedures for monitoring and evaluating parenting coordination to ensure the quality of the parenting coordinators to which cases are referred.

   • Develop a process and designate a person to accept and consider comments and complaints about the performance of parenting coordinators, and providing an opportunity for the parenting coordinator to submit a written response to the comments or complaints.

   • Require parenting coordinators to meet the qualifications, education and training requirements of Sup.R. 16.64.

8. Appointment Order [Sup.R. 16.65(B)]
   When ordering parenting coordination, the court shall issue an appointment order that does all the following:

   • Includes the name and contact information of the parenting coordinator and the definition and purpose of parenting coordination.

   • Specifies the scope of authority of the parenting coordinator.

   • Sets out the term of the appointment.

   • Allocates responsibility for fees and expenses related to parenting coordination.

   • Addresses procedures for decision-making of the parenting coordinator.

   • Addresses procedures for objections to parenting coordinator decisions.

   • Addresses any other provisions the court considers necessary and appropriate.

   • Orders the parties to contact the parenting coordinator within the time period specified by the court.

9. Public Access [Sup.R. 16.66]
   Files maintained by parenting coordinator, but not filed with the clerk or submitted to a court, are not available for public access pursuant to Sup.R. 44 – 47.

Custody Evaluators [Sup.R. 91]
A custody “evaluation” is a comprehensive written investigation and assessment of the best interest of the child that includes information regarding the needs, the health, the safety, and the development of the child, custody, parenting time, capacity of the parties to address the needs of the child, companionship, allocation of parenting rights and responsibilities.

• Custody evaluations can be requested by motion of a party, guardian ad litem, counsel for a child, or by the court to aid the court in evaluating the best interest of a child in a contested custody or parenting time case.

• Evaluations can be partial or brief-focused covering a single issue or a full investigation covering multiple issues.

• Evaluations also include interviews with the child(ren), parents, those people residing in the home, information from schools, childcare providers, medical records, clinical tests, law enforcement agencies, and history of abuse.

• Custody evaluators shall prepare and submit the report to the court prior to the hearing. The court will provide attorneys and self-represented litigants with a copy of the report.

A “custody evaluator” is a licensed, objective, impartial, qualified mental health professional the court appoints to perform a child custody evaluation. [Sup.R. 91.01]

• Requires 40 hours of initial training from the Supreme Court of Ohio to qualify for a court appointment

• Requires six hours of continuing education annually

• May be court employees (“court-connected”) or private evaluators

• May be subpoenaed to testify about their reports. The subpoena must be submitted no less than 14 days prior to the trial.

• May not serve as a custody evaluator and guardian ad litem on the same case [Sup.R. 91.05]

1. Custody Evaluator Responsibilities [Sup.R. 91.06]

   • Maintain objectivity, provide and gather balanced information from both parties to the case, and control for bias;

   • Strive to minimize the potential psychological trauma to child during the evaluation and report writing by performing responsibilities in a prompt and timely manner;

   • Protect the confidentiality of the parties and child with collateral contacts and not release information about the case to any individual except as authorized by the court or statute;

   • Immediately identify himself or herself as a custody evaluator when contacting individuals in the course of a particular case and inform these individuals about the role of a custody evaluator and that documents and information obtained may become part of court proceedings;

   • Refrain from any ex parte communications with the court regarding the merits of the case;

   • Not offer any recommendations about a party unless that party has been evaluated directly or in consultation with another qualified neutral professional;

   • Consider the health, safety, welfare, and best interest of the child in all phases of the process, including interviews with parents, extended family members, counsel for the child, and other interested parties or collateral contacts;

   • Not pressure the child to state a custodial preference;

   • Inform the parties of the evaluator’s reporting requirements, including, but not limited to suspected child abuse and neglect and threats to harm oneself or another person;

   • Not disclose any recommendations to the parties, their attorneys, or the attorney for the child before having gathered the information necessary to support the conclusion;

   • Be conscious of the socioeconomic status, gender, race, ethnicity, sexual orientation, cultural values, religion, family structures, and developmental characteristics of the parties;

   • Upon discovery, notify the court in writing of any conflicts of interest arising from any relationship or activity with parties or others involved in the case. A custody evaluator shall avoid self-dealing or associations from which the custody evaluator may benefit, directly or indirectly, except from services as a custody evaluator.

2. Local Rule [Sup.R. 91.03]
   Courts shall adopt a local rule governing the appointment of a custody evaluator. The local rule should set forth the following:

   • Qualifications for a custody evaluator;

   • A designee to accept and to consider comments and complaints;

   • A requirement that a copy of the comment or complaint is provided to the custody evaluator subject of the comment; and

   • A requirement the court maintain a record and the disposition of the comment and the complaint.

3. Appointment of Custody Evaluators [Sup.R. 91.05]
   Custody Evaluator List
   If a court utilizes private custody evaluators, it shall establish and maintain a list of private custody evaluators from which appointments are made. The court must establish criteria to ensure an equitable distribution of the workload among the private custody evaluators on the list. Equitable distribution is defined as “a system through which appointments are made in an objectively rational, fair, neutral, and nondiscriminatory manner and are widely distributed among all private custody evaluators on the list.” [Sup.R. 91.05(B)(1)] Courts are permitted to consider the complexity of the issues, parties, counsel, and the child involved, as well as the experience, expertise, and demeanor of available private custody evaluators when making the appointment.

   Order of Appointment
   The court’s order of appointment shall include:

   • The evaluator’s name, business address, licensure, and telephone number;

   • The purpose and the scope of the appointment;

   • The term of the appointment;

   • A provision that a written report is required and oral testimony may be required;

   • Any deadlines and court dates;

   • A provision for payment of fees, expenses, or hourly rate that will be charged;

   • A provision that grants the custody evaluator the right to access information authorized with the appointment; and

   • A provision that requires the parties to cooperate with the custody evaluator and provide promptly information requested.

4. Removal or Resignation [Sup.R. 91.05]

   • Upon a showing of good cause, the court may remove a custody evaluator.

   • Upon a showing of good cause, a custody evaluator may resign prior to the completion of an evaluation after notice to the parties, an opportunity to be heard, and with the approval of the court.

5. Custody Evaluator Fees [Sup.R. 91.05]
   Prior to the appointment, the court shall hear the parties’ position regarding the allocation of fees and expenses. The court shall further determine who pays the initial deposit, fees, and expenses. The court shall further approve additional expenses or fees as necessary.

6. Custody Evaluator Report [Sup.R. 91.07]
   The custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing. The written report must include the following statement: “The custody evaluator’s report shall be provided to the court for distribution to unrepresented parties and legal counsel. Unauthorized disclosure or distribution of the report may be subject to court action including the penalties for contempt which include fines and/or incarceration.”

   • The written report shall be subject to the Rules of Civil Procedure applicable to discovery in civil actions and shall not be available for public access pursuant to Sup.R. 44-47.

   • The evaluator’s report shall be admitted into evidence at a hearing or trial on the court’s motion. A party challenging the report shall subpoena the evaluator to appear no less than 14 days before a hearing or trial. [Sup.R. 91.01(F)(1)]