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Author Topic: Holding ad litem accountable  (Read 811 times)

d allen

  • Guest
Holding ad litem accountable
« on: Feb 17, 2005, 07:46:45 PM »
   I obtained sole physical custody of my two sons and daughter six years ago here in Wyoming. The wre 12 (son), 10 (son), and 8(daughter) years old at that time.

   As a custodial single father in a ruaral area I was continually assaulted with "unsubstantiated" claims of neglect, etc. by the Department of Family Services until I finally told them two years ago to either take me to court or leave me alone. They then decided to leave me alone.

    All three children have done well in school. Oldest boy A & B student, middle boy 4.0 student, and daughter a & B student.

    Ex wife petitioned court for custody of daughter last year. After the ad litem made it clear that her stance was a 14 year old can decide which parent she wants to reside with - which she agreed it is not what the Wyoming Statutes stipulate - I discharged the local attorney I had hired and retained a well known custody attorney in Laramie because I was apprehensive of local politics.

    I refused to discuss the matter with my daughter because I did not want to place her in the middle of everything. However, I was accused of not being able to discuss issues with my daughter and the fact that I would not discuss the court case with her until my first attorney requested me to was used against me by the ad litem.

    I lost the case but it is now in the appeal process.

    My attorney was surprised that the judge accepted the report and basically the modification was based on the desires of a 14 year old. There was no "change of circumstances proven" and it is pretty sure that the decision will be overturned.

   I do not wish to circumvent my attorneys efforts on the appeal but do want to give the district judge the opportunity to do what is right - it is evident in his decree that he took the ad litems recommendation as the truth.

   My question is: Has anyone out there been able to get their claim of false statements and incompent performance by an ad litem in front of the judge without reporting the judge to the State Ethics Committe? The ad litem made false statement in her report to the court  and she was directed to only use information that was presented in court in her recommendation. I'm not talking about stretching the truth a little, she made statements and referenced incidents that were not even brought up in court! I have reported her to the Bar Association but they say it is a matter for the court in which she conducted the infractions to discipline the ad litem - they are not an "investigative" entity. In six weeks time my daughter has become disrepectful to me, had her tongue pierced and now has a 68% grade average for this nine weeks. I am primarily interested it getting my daughter back on track for college and then doing whatever I have to hold this ad litem and possibly the judge accountable.



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