Question:
I have been involved in a custody dispute for almost a year now, I even requested a GAL for my son. Initially, the GAL sided with my son's mother, but there had been some significant changes since. Eight months after the initial hearing, my attorney filed to reopen the case due to my son being held back in first grade and lack of his mother to allow me to talk with him on the phone. The GAL agreed that now my son would be better off with me and pleaded with the judge to reopen the case, which he would not do. Three months later, we still have no decision and my son will soon be starting school. To make matter worse, my son's mother is spending nights at another man's home and my son has to sleep on the couch. My question is, what can be done to get the judge to make a decision and do you have any suggestions? My attorney is not interested in trying to force/pressure the judge to make a decision. Thank you for your advice.
Answer:
I will assume that you tried the matter and the court took the matter under advisement. Since the end of the trial there have been additional problems. Your attorney properly filed a Motion to Reopen the evidence. It is odd that the court would not take additional evidence particularly if the GAL's opinion has changed. You could consider filing a Writ asking the Court of Appeals to order the evidence reopened. That can be expensive and has a high failure rate. Otherwise you will need to wait for the decision and then file a Motion to Set Aside the Judgment. If that is unsuccessful you can then appeal to the higher court.
