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Jul 05
2009
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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 |
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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 >> parenting time
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.
You have separated or broken up, and you are facing life without the partner who has helped you raise your child. The one thing you can both agree on is that you love your child. Hopefully you can both agree that you want what is best for your child. As you know, you both may have very different ideas on what that is. The following are some ground rules you should live by for your child’s sake:
As the claimed (or perceived) abilities of cell phones and the Internet to provide live video communication are tossed about, the use of virtual visitation as compensation for lack of actual visitation is being asserted more often, usually by the parent with physical custody. Four states (Florida, Texas, Utah, and Wisconsin) have included in their statutes references to some form of video or other electronic communication as part of the visitation provisions. Other states have proposals pending and the several private providers of websites for such virtual visitation are promoting their services as a panacea to long distance parenting issues. |