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Dad petitioning court for custody from mom over general neglect, physically restraining child to keep  child from scratching at chronic bug bites requiring ER and heavy medications, general instabilty (home life, school), the list goes on and on.
Anyway long story short, after 3 years of waiting for hearing finally make it to court and never see the inside of it  AGAIN (thats the third time negotiations took place on a hallway bench!) and custody won't change
Dad requests GAL report from attorney,  attorney claims there isn't one, "that they don't do that anymore"
Dad suspects Judge may never have heard alligations, seen pict's, watched the DVD at all, but mearly jumped off of GAL's recommendation sight unseen, no explaination.
1) Is it common practice for the Judge not to know why GAL's make the recommendations they do?
2)Is it possible and/or legal in the state of Arkansas for there to be no paper record of the GAL's evaluation?

Thanks in advance
ArkStepMom

We (NCP) have had our first Ad Litem meeting  and have been furnished with her Interogartories- 12 questions in all and we are having some difficulty keeping answers "succinctly" formatted!! The last 2 questions ask "...state succinctly the reasons you feel you are the best parent to have custody..." and "...states succinctly the reasons you feel the opposing party is not the best person to have custody..."

at issue for NCP are 1) Child's 5 years of recurrence of excessive bug bites gone unresolved and supported by Dr visits and prescriptions
                 2) Child's teachers' request for child to be seen by Dr-> the subsequent referal to Child Psych. and the abscence of follow up
                 3) Child handcuffed to bed to prevent her from scratching at bites
                 4) Child's 4 school moves from K through grade 2
                 5) CP's Numerous residences with child since 1998 divorce with an undetermined number of male companions whom she was not married to
                 6) Fights both physical and verbal witnessed by child between CP's current spouse, spouses ex, and various unknown persons
                 7) Frustration of visitation with tardiness and visitation denials
                 8) Child's living conditions-3 bdrm home for family of 6 with child sharing one bedroom with two other children and childs concerns of having nothing of her own ex: clothes, space, bed
                 9) Child(8) being furnished with intimate knowledge of court order and stips and governing herself while away from CP's home

of the issues for CP most are unknown but it is presumed that 2 contempts, both occuring in 2 seperate summers involving child being taken out of state for vacation during CP's visitation and we expect Cp will bring issue with lack of telephone contact with child on NCP's parenting time which there is no stip in order for ( NCP's itemized tele. bills can prove otherwise)

Q1) With all NCP's concerns how should they be summarized without making NCP sound like he's anti-CP to the Ad Litem?

Q2) Aside from "NCP provides child with Happy, Healthy, Stable and Nurturing home" is there anything else that should be adressed in why NCP should have custody?

We have been battling (mostly with our Atty) for a custody reversal  for over a year now and finally, but not without pushing, set an appointment with the Ad Litem 4 hours away at the Ad Litem's office, with less then a days notice!
Our concerns for child are 19+ residences for the 8 y/o , emotional instability, visitation denial exploiting a stip in the order giving CP discretion to withhold visitation if a "Dr' excuse" is issued, neglect on the basis of the almost always child has come for visitation with 100's of bug bites/lice or Impetigo,  domestic agression (some physical) issues between CP and her husband, his children and his ex-wife.

1) What is important to bring to this initially meeting with the Ad Litem (child has not been invited)
2) Any morsal of advise is appreciated?

Thank you in advance

  We are not against religion at all, just find other uses for our Sunday while the childs is with us...one, her father works on Sundays (always has) and two, that leaves me (step-mom) to take her to church, the least of which ...I'm not Mormon which is what BM is and I assume child would be too)...Instead of a bike ride or rollarskating as we like to do!  I think BM would flip out if I took her to a Lutheran church with me to be frank!!

1) Any insight as to how to smooth the whole non church thing over with the GAL.

Morning Soc;

Oour hearing on April 11 was continued b/c of BM last minute hire of an attorney.  We are waiting on a new hearing date but in the mean time have some insight as to how opposing intends to counter our motion for custody mod (reversal).  Most of our claims pertain to stability and child neglect.  BM has attended church since notice and has even scheduled 8y/o daughter for Baptism. Given BM history of frivilous behaviour we expect this to stop after hearing! We expect that among other items, that BM will bring issue with our not attending church. We have Child every 1st and third weekend 7 Friday - 7 Sunday. We meet 2 hours away at a half way point.
BM, anticipating Ad Litem interview, has begun overhauling her world ie: BM w/child have moved, temporarily to her brothers while they paint their entire house, among other things

1) How do you feel an Ad Litem will react to this church vs no-church issue?
2) Would these modifications at the BM house, with interview pending, play a roll in Ad Litem report?

Thanks Soc

Here is the Child Support Guideline for Arkansas http://courts.state.ar.us/pdf/child_support_monthlychart.pdf
you may find other helpful information at this address also http://courts.state.ar.us/courts/acs_guidelines.html

We are in Arkansas.  When we returned to court to attempt winning custody from CP and lost, the new order stipulated a new, higher rate of support based on income and it was retroactive to the date of filing, leaving arrears for the difference.

Good luck, hope this helps

Soc;
I am the wife of NCP father and opened a savings account for my step-daughter with a modest inheritance given to her by her great grandmother.  The account bears both my SD and my name but not NCP fathers.  I am concerned that if/when CP mother gains knowledge of this account that she will have some claim to it.  Neither CP or step-daughter know that there is an account for her.

1) Would CP have any rights to these funds?
2) Is there some loop hole to safeguard these funds from CP.

Thanks for your help, once again!! :)

I'm not sure what of my information will make the differance, but here goes:

May 2002> NCP's attorney served CP with interogatory questions pursuant to our request to seek custody of NCP's child due to change of circumstances including CP's many relocations,  subjecting child to men "friends", denial of visitation (s).
 CP had 20 days to respond to our questions/allegations.  NCP, through his attorney, was given counter-interogs from CP/Atty and 20 days to respond.  
After interogs and counter-interogs were complete a hearing was set for August.  
That hearing (which was never actually heard by a Judge) resulted in an agreement between the parties ultimately leaving child to remain with CP.
  New information which came to light  after that hearing resulted in that agreement never being signed due to CP's false information to secure the agreement and another hearing was sought..  
The next hearing was set for December (which also was never actually heard by a Judge), that hearing ultimately resulted in child remaining with CP and some amendments to the August agreement.  
After several attempts, and 3 months,  NCP finally recieved the Agreed Order in it's final/legal state, a great portion of which was never agreed to-subsequently NCP was left sucking eggs with regard to the Order and let the attorney go.

Early July 2004>NCP hired new attorney for Emerg temp custody, custody mod and contempt (and also an Ad Litem for the child this time) for simular reasons as the first and included child neglect.

Early August 2004>NCP drafted an Affidavit and Attorney promised that the judge would consider it for emerg temp custody and that she was attempting to have the non working CP served but couldn't find her!!

Mid August 2004>  Custody Modification had been filed as NCP found out by calling circuit clerk-Still no emerg hearing

October 2004>Attorney claims to have a request in for a hearing date but is just waiting to hear back from circuit clerk

December>Fired Attorney via her voice mail due to no communication and dragging her feet -still no emerg hearing  as verified by circuit clerk
Early January>Letter from Attorney stating upcoming hearing in April-no notice of emerg hearing anywhere

January 21, 2004>CP served with notice of hearing

Early February>Attorney responds to NCP's concern over missing Contempt in the Motion and says that an amendment will be made to the original Motion to contain the contempt-still no mention of emerg anything
                     
 I'm sure that's TMI-but really wasn't sure what was relevant, but I hope it sheds more light

1) Why the interogs w/ 1st atty and straight to hearing date for the 2nd?
2) Any other insight into the differences?

Thanks for your help Soc

Soc;

We have had 2 attorneys, both on the same issue (at seperate times) of Custody Modification.  The first attorney filed, opposing was served interogatories then had 20 days to respond.  Our current attorney filed (in August), opposing was served (in January).  Opposing was served with notice of hearing only (for April), no option to respond.

1) What can you tell us about these differences

Thanks Soc

That's exactly how we do it, reciept arrived and reciept still there.  We have, in the past been able to attain police reports, but they are hesitant usually, unless you get a sympathetic officer.  We have also sent certified, return reciept letters after the fact, noting the lateness and point out that it's willfull contempt, blah blah, could she please make a greater effort, blah blah, that it's not in the childs best interest to wait because (fill in the blank).  If you get a response, hopefully they state a reason they are always late and viola...admission and proof!  Regardless of the excuse it is still contempt.  If the lates  are so frequent, as ours became, each of our letters reiterated the previous lates and added the most recent, all set up in chart form (found on this site).

Our hearing is in April (Custody mod and contempt).  We'll update on how our evidence worked for us.

Best of luck