With that in mind, you might consider hiring a private custody evaluator. The idea is to bring conflicting opinion/testimony with you to court. This is one sure way to minimize a GAL's highly biased testimony/report.
Additionally, make sure to get documentation/history of any violence, both physical and/or verbal/psychological. Is your STBX any threat to herself, to you, to your kids, or to anyone else? Evidence of this nature is critical to rebut an already biased GAL report/testimony.
I've heard of ONE (1) favorable recommend from a GAL. This dad was a school teacher. He was thoroughly professional and very well connected. Additionally he graduated with "honors" from parenting classes and had become a state-certified foster parent. In other words, he had credentials the rest of us don't have or can't get. The GAL liked this dad because he was "one of them."
In family court, the average "Joe Six-Pack" has a 90% chance of losing. That's why your journal and witness list are of the utmost importance.
Here's another example. Risky? Hell yes! But the results are what counts.
Both Parties agreed, together with the judge, to allow the final custody decision to be handled by a custody evaluator. Dad's attorney was familiar with this evaluator and requested that she hear testimony. Stbx's attorney also agreed with the request.
The evaluator met with both attorneys prior to taking testimony. She strongly advised that the Parties settle ahead of time. (Note: This is why you never agree to binding mediation.)
At this critical moment, Dad's attorney revealed the existence of a detailed journal together with a substantial body of evidence. He suggested the Parties walk away with dignity and share custodybetween them. As a result, Dad's STBX agreed to sharing both physical and legal custody without the evaluator deciding for them.
Dad's guess is that his attorney had spooked his STBX in prior courtroom encounters. She gave up without a fight, certainly not because she wanted to. Of that, Dad is sure.
The lesson here is that Dad's attorney had taken the initiative to thoroughly study the journal well in advance. As a result, Dad's attorney was convinced that the journal would tip the balance in an occasion such as this.
Thus: a detailed journal + a good attorney + strategy = Victory
There was another dad that "bought" his STBX out. He got the house, the kids, and everything for $70K. Still another dad got out of paying alimony for a mere $11K. I realize this sounds like a lot all at once. But over time, it's a bargain. Remember, let your attorney handle the negotiating process.
MOVING ON: Your WITNESS LIST must be exhaustive. Other than court-appointed professionals, people that see you with your children and/or otherwise know you personally are going to be your best witnesses. Remember, not everyone will support you, nor will they be available when you need them.
Potential witnesses include: Extended family; neighbors; day care, school professionals; parent volunteers; medical professionals; adult activity leaders.
"Cardinal Rule" No 1....... KEEP YOUR MOUTH SHUT!! LOOSE LIPS SINK SHIPS!!
This is war. You must approach this as a top-secret military operation.
1) Thou shalt not raise any suspicions. DO NOT TELEGRAPH YOUR INTENTIONS.
a) Thou shalt not tell anyone what you're up to, ESPECIALLY YOUR STBX.
b) Thou shalt not share information with anyone about anything.
c) Thou shalt take care of business like nothing's going on.
2) Thou shalt not get side-tracked. This is "crunch time." Manage your time wisely.
3) Thou shalt maintain thy Poker Face. Get prepared for the long hall.
"Cardinal Rule" No 2....... NEVER LET YOUR GUARD DOWN!! WATCH YOUR BACK!!
Have minimal contact with your STBX. NEVER be in a position where she can allege domestic violence of any kind. It's best not to be alone with her. Always have a witness with you.
1) Be very careful when you are alone with your STBX.
a) She can file false domestic violence charges "at will," and have you thrown in jail.
b) She can get a restraining order "at will," and have you kicked out of your house.
2) "Thou shalt ALWAYS bite the bullet." At the same, "Thou shalt ALWAYS be bulding thy case."
a) Thou shalt not argue. Thou shalt not fight. Thou shalt not provoke thy STBX.
b) Thou shalt go the extra mile to be civil. Thou shalt be Mr Nice Guy.
3) Never engage in any form of business with your ex, no matter how much the deal "appears" to be in your favor. It will be a trap you'll regret 'til your dying day. Remember, there ain't no free lunch. You can always expect a pay-back down the road.
"Cardinal Rule" No 3....... BE THE BEST DAD YOU CAN BE!! DO WHATEVER IT TAKES!!
1) Get involved with your kids as much as possible.
a) Assume the role of primary caretaker well in advance.
b) This'll set you up for primary, if not 50/50 shared primary custody. This is your goal. Never lose sight of that!!
2) Make everything you do in the best interest of your kids. Always go the extra mile.
Give your STBX a day off every week. "That's OK, Honey. I'll take care of this. Why don't you go shopping?" Take advantage to document parenting time, and snoop around when she's not home.
The following sites offer charts to document parenting time and other relavent issues. Use them to help plan what you need to do.
http://www.deltabravo.net/custody/index.html
http://www.parentingtime.net/
www.ChildCustodyCoach.com