116 Children’s Legal Rights Journal [Vol. 37: 1 2017]
lawyer should ( 1) decline the appointment; or ( 2) inform the court of the conflict and ask the
court to clarify or change the terms of the order; or ( 3) both.”220 The GAL would then not have
been in a position to argue against being cross-examined in his own case.
In seeking relief from appointment duties that cause potential conflicts, attorneys from other
jurisdictions may use the chart provided in Section IV herein to reflect on which other
individuals may be appointed to serve the non-attorney functions needed by the court. Every
jurisdiction in the U.S. has adopted some form of the Uniform Marriage and Divorce Act,
(UMDA),221 which provides for the same kinds of appointment of professional personnel as
provided for in KY. REV. STAT. 403.290 (professional advisor to the court who may provide
diagnosis and professional evaluation)222 and 403.300 (investigator who is required to investigate
and report considering custodial arrangements for the child.)223 As such, there is an
220 ABA Standard, supra note 3, at § III.A.
221 UNIF. MARRIAGE AND DIVORCE ACT § 401-10 (1974) [hereinafter UMDA].
222 UMDA § 404 (b) (“The court may seek the advice of professional personnel, whether or not employed by the
court on a regular basis. The advice given shall be in writing and made available by the court to counsel upon
request. Counsel may examine as a witness any professional personnel consulted by the court.” Further, the
comments note “the judge may call informally on experts in a variety of disciplines without subjecting them, in the
first instance, to the formal hearing process. But the experts' advice should be available to counsel for the parties so
that the judge's decision will not be based on secret information; and the parties should be able to examine the expert
as to the substance of his advice to the judge.”).
223 UMDA § 405 [Investigations and Reports] (“(a) In contested custody proceedings, and in other custody
proceedings if a parent or the child's custodian so requests, the court may order an investigation and report
concerning custodial arrangements for the child. The investigation and report may be made by [the court social
service agency, the staff of the juvenile court, the local probation or welfare department, or a private agency
employed by the court for the purpose]. (b) In preparing his report concerning a child, the investigator may consult
any person who may have information about the child and his potential custodial arrangements. Upon order of the
court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with
and obtain information from medical, psychiatric, or other expert persons who have served the child in the past
without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if he has
reached the age of 16, unless the court finds that he lacks mental capacity to consent. If the requirements of
subsection (c) are fulfilled, the investigator's report may be received in evidence at the hearing. (c) The court shall
mail the investigator's report to counsel and to any party not represented by counsel at least 10 days prior to the
hearing. The investigator shall make available to counsel and to any party not represented by counsel the
investigator's file of underlying data, and reports, complete texts of diagnostic reports made to the investigator
pursuant to the provisions of subsection (b), and the names and addresses of all persons whom the investigator has
consulted. Any party to the proceeding may call the investigator and any person whom he has consulted for cross-examination. A party may not waive his right of cross-examination prior to the hearing.”).