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Author Topic: question about unethical law guardian  (Read 2558 times)

myrsboy

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question about unethical law guardian
« on: Aug 08, 2007, 03:37:30 PM »
My husband filed in family court back in February for visitation of his 3 year old daughter. There have been four hearings after the initial one to "show cause." The judge initially ordered day visits. This began back in May. It is now August and he continues to have only day visits with his daughter. The law guardian involved has never once interviewed him to find out how the visits were going. She has shown bias toward the mother and hostility toward my husband and me. She made an agreement with my husband's lawyer for a proposed schedule of visitation that included overnights, then backed out during the actual hearing three days later. The judge ordered her to visit our home, since she stated that it is not adequate to have the little girl stay overnight, but the law guardian never visited. The judge appears to be waiting for the two parties involved to come to an agreement before he orders overnight visits. However, the mother is extremely hostile to my husband and I, and appears to resent the fact that he remarried recently, so there is no possibility she will ever agree to overnights. Why is it that we have to wait until a hostile party agrees to overnights? The reason my husband petitioned the court in the first place is because when he tried to work with the  mother she denied visitation to him. The law guardian has shown extreme bias toward the mother to the point throughout the duration of these proceedings. What recourse do  we have? At what point does the judge realize that the other party will never agree to overnights? My husband has complied with everything the court has ordered, to no avail. Does anyone have any advice? Is it possible to ask for a different law guardian, or do we just wait it out.
Thank you.



mistoffolees

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RE: question about unethical law guardian
« Reply #1 on: Aug 08, 2007, 05:19:41 PM »
I would ask your attorney, but it seems reasonable to ask the judge for a different law guardian. I would NOT base it on your opinion that the law guardian is biased. Instead, base your request on provable facts - like the fact that the judge told the law guardian to visit your home and he/she refused.

 

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