Guardian Ad Litem

[dipper]

DH went to court on Aug 23rd for custody and show cause against bm and other issues....her lawyer was 1 hour 40 minutes late...so the judge postponed the hearing until Nov 1.  The judge asked dh why he didnt have a lawyer - ??  - no money of course...

DH had subpoenad school records which her lawyer said could have been altered...etc.....  We havent even seen the records as they were sent directly from the school to court and we had not viewed them.  DH did say that the one envelope from when ss lived here had about 1-2 pages....discipline and absentee information......the newest school sent a folder about 2 inches thick - The judge skimmed it and said he was pretty sure dh had a case for change in circumstances.  He also warned bm that ss better not get into any more trouble before court.

The fact that ss was burned badly was not brought up at this brief time.

Now, soc has told me a way dh can probably get the school records in.  But, we are thinking that maybe dh will subpoena the principal to bring records - as we can get more info out of him on bm's child witnesses.

Okay...the judge appointed a guardian ad litem and dh already got a letter from him wanting to set up an appointment.  

Questions;
Does dh just present why he would be a good environment for ss?

Does dh present why he thinks bm is not a good home life for ss?

Can this go beyond the last court hearing in January - such as ss has never done homework - true - because he has been with her on school  nights since the divorce and she has never helped him (and he needs the help).  ((My girls are honor roll students and I still have to sit down with them to help and make sure they do it.))

Will the guardian ad litem view the school records even though her lawyer objected to them being valid?

Will both sides be able to present documents to the GAL that have not been approved by the other side?

Basically, how relaxed is this and is it better to go in with both barrels blazing for the other parent or simply give yourself kudos?

Thanks...

[lucky]

I can tell you two things:

1)  Don't badmouth BM, GALs tend to believe that you will badmouth BM in front of the kids as well.  Don't do it EVEN if they encourage you to "tell them what you think the problem is".  BTDT and lost.

2)  State that you have concerns with school issues and ask that the GAL review the records from BOTH schools, the GAL can get the records him/herself and it probably won't matter what objection BM's attorney can come up with because typically GALs are gold with judges.


[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[dipper]

Thanks Lucky,

I will pass this on to dh.  I guess the main thing is to pick out the biggest problems and word them in a way that doesnt seem vindictive or hateful...

:)

[gipsy]

Wash state GAL's Will take any info you give them , My atty say's treat the GAL as your personal judge . Personally ,after I have been through the whole thing twice , I would Be really nice to the school and tell them .  As I quote from My atty . "First go to the school be very  nice , And just ask for a copy of ALL the records , Then If they refuse or balk Be very nice and say , " It is My Understanding as a parent of the child Unless you have a court order preventing it I have a right to the records " ,
  Then say " if you need to check with some one then go ahead , I can wait or come back after you check , "
   Then just do what it turns out to be ,
   I got both school and medical records this way BY BEING NICE !!!!There is ALSO  a section on this site , I believe its  Related to FERPA , aND THERE ARE SOME PRINtOUTS THAT RELATE TO PARENTAL RIGHTS . Believe me one school didn't give me any trouble and said " No problem "and later when I was nice to them a while, told me they got sued by a pissed off Dad once
      , In My son's new school I have been nice too them and they get along with me just fine , It just takes a little patience and niceness , And don't bother telling them about your case they will be turned off and afraid they will be towed into it , Just ask for the records and Keep your mouth shut , In my case they eventually told me the psycho  turns them off ,
My pitch to the GAL would be
 " I want My child to benifit better than this from life and I can do a better job "
  And show the records from school , And also be ready to make it real simple to the GAL and tell the GAL here's the history of Grades and attendence , And DON'T bother BAd mouthing the mother , Just show the facts , And say" I can do Better "   One of the things My atty told me to do Is to NOT talk about problems at My house and blame the mother , . Butsay the child does very well at My house and I don;t understand these problems at the mother's house !After this is over I see My atty's approach would be good ! I for the most part went by what My atty said ,

[dipper]

Thank you gipsy.  My dh goes this Friday.  He has copies of suspensions as the school was great about sending him this info as well as emails.  However, under advice we did subpoena the records from the school itself directly to the court.  BM's lawyer still says they could have been tampered with and will not stipulate to their authenticity.  Although from what soc said, the judge would probably allow it if dh simply told that.  Although we have thought of sending a summons to the principal of the school to bring the records to the court hearing in Nov.  That way the records will definitely be entered.  

We also want to have records from his primary doctor entered, but we dont want to have to summons everyone we get records from.  We have the records by simply asking for them.....

With the GAL - would you even suggest that bm's behavior is part of the reason for ss' problems? No discipline, bribes, lying to him, sleeping around, etc.....?