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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> GAL
Jul 05
2009

Ask a Lawyer: Should I request a Guardian ad Litem?

Posted by Dads Divorce in Visitation , Visitation , parenting time , Parenting , motion , MA , guardian ad litem , GAL , custody , custody , Ask A Lawyer

Question:

I have been legally divorced for almost 2 years now. I share 50% Joint Legal Custody of my 2 children, aged 8 and 5. Since my divorce, I filed, we have gone through two parent coordinators, one left on her own accord, one dismissed by ex-wife without success, but powerless nonetheless. I have made several visits to the court due to my ex-wife's continued harassment of my time with my children with no resolve. I am seeking the services of a guardian ad litem. Is this the proper move.?

Answer:

I am not licensed in the State of MA and therefore cannot answer your question specifically to the laws of that State. In my jurisdiction, Guardian ad Litems are required if abuse or neglect of the children is alleged. If abuse is not alleged a court can at its discretion appoint a guardian if requested, or on their own motion. However, GAL's are much like wild cards in poker, they support the weaker hand. If you have a good case, why throw in a wild card that could side with your ex-wife? In addition, the cost factor needs to be decided. If you are of limited resources for your litigation, you must consider if your funds can be put to better use than paying the GAL. Would retaining an expert witness be a better use of your money? Finally, in the limited amount of information that you have provided, I will say it is uncommon for me to recommend a GAL in a motion for contempt or motion for family access and that appears to be what you are filing.
Oct 05
2007

Ask a Lawyer: Can Grandparent visitation change prior parent's visitation schedule?

Posted by Dads Divorce in Visitation , Visitation , vacation , Parenting , grandparent , GAL , custody , AZ , Ask A Lawyer , agreement

Question:

My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time?

Answer:

I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
Oct 15
2006

Your First Appointment with A GAL

Posted by Dads Divorce in tips , Kristin Zurek , guardian ad litem , GAL , Cordell Cordell, PC

So, your attorney tells you that a guardian ad litem has been appointed in your case. He or she oftentimes hands you a copy of the appointment order, and tells you to make your appointment with the GAL. What can you expect? A guardian ad litem can be appointed by a judge in all proceedings for child custody or for dissolution of marriage or legal separation where custody, visitation, or support of a child is a contested issue. The court must appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.

Jan 09
2006

Dealing with the GAL: Do's and Don'ts for Divorcing Dads

Posted by Dads Divorce in GAL

While going through a divorce, the divorcing dad may feel like he is running a perpetual uphill battle. One way to make his journey easier is to learn how to approach and handle the Guardian ad Litem. In many divorce actions, attorney Guardian ad Litems are appointed to assess the children’ situation and prepare a custody recommendation. Divorcing dads often hinder the recommendation process by making a few common mistakes. Below is a list of helpful do’s and don’ts when dealing with the Guardian ad Litem. DO Contact the Guardian immediately to set up your initial appointment. It is important to take the initiative and contact the GAL in your case. Taking an active role in the custody evaluation process shows not only the GAL, but also the Court that you are fully invested in your children and case. In addition, it allows you to show that you are a responsible and concerned parent. If after several attempts you fail to make contact with the Guardian, contact your attorney immediately. DON’T Use the Guardian as an intermediary in the custody dispute. The Guardian is not a mediator. Nor do you want him to take on such a role. His job is to make a neutral non-biased recommendation on behalf of the minor child or children. Do not confuse this role with that of the Judge. The Guardian does not need to be involved in every dispute with your spouse that has occurred since separation. DO Pay your fees on time. Again, it is important that you show that you are a responsible and capable adult. Prompt payment demonstrates said responsibility. Moreover, it will help the Guardian work harder and more quickly on your recommendation. Late payments can reflect badly on your character and hinder the progression of your case. DON’T Use your Guardian as a pseudo attorney or counselor. Do not use the sessions with your Guardian as a catharsis. He is not a sounding board for all of your frustrations with your spouse or the system. Consistent negativity toward the opposing party only shows an inability to work with that party. The Guardian is going to be looking for parties that can override their personal issues to work together for the best interest of the child or children. DO Show enthusiasm for your kids and their lives. Be prepared to answer questions regarding your child or children. Know the simple everyday facts, including but not limited to: their grades in school; their teachers’ names; how they are doing in school; extracurricular activities and interests; and the names of their closest friends. Most importantly know the basics such as their age, birth date, school, medical issues and any medications they may be taking. Be able to back up your claims of involvement. DON’T Coach your child. The worst thing that a divorcing dad can do is to alienate the affections or their child or children toward mom. Guardians will be able to see through any "coaching." They are experienced and well practiced at meeting with families going through a divorce. They will not recommend in your favor if they think that you are attempting to color the opinion of their mother. In conclusion, dealing with a guardian does not have to be a frustrating experience. Remember the goal—to show that you are a caring, responsible, involved parent—and act in a manner that furthers that goal. Being petty, repeatedly calling your guardian to complain, and using your children as weapons against your wife will not make a positive impression on your guardian. Showing up on-time to appointments, knowing what is going on in your kids’ lives, and dealing with your spouse civilly, will demonstrate that you are a mature, reliable parent, and will help you get the custody recommendation you desire.
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