Guardian Ad Lit em is another name for Mother's attorney

[Chaz]

To briefly explain my long story......

I have two boys Andrew (6) and Alixander (4). I was in the army from 2001 until 2003 (served in Afghanistan and Iraq) and was cheated on several times. I was honorably discharged from the army under chapter 6 Hardship (Lack of family care plan). My wife, Kasey was admitted into a mental heath facility while I was deployed in Iraq. After I was discharged and had moved back home, we tried to make it work and failed. When we separated in November 2004 she moved out of our home and both children stayed with me Monday thru Saturday and she would have them Saturday night and Sunday night. In October of 2006 she filed for Temporary Custody with "off the wall" accusations. My attorney was so convinced the outcome would be in my favor, he felt no need to represent me. I never received a date for the hearing. She talked as if she was going to change the Order to joint custody so we could get our divorce finalized. On October 31st she was awarded temporary custody of our two children (at this time they were 3 and 5) because I wasn't there to represent my case. She was working 2nd shift so her mother would pick up the children about 9pm from me and take them to her house. At Midnight, when Kasey would get off work she would pick up the boys and take them back to her house (Andrew had to be at school the next morning). This went on until January of 2007. Then her mother would take them to Kasey's apartment at 9pm and put them to bed. Also in Jan 2007 Kasey and I attended a status conference. At this time I recommended a Guardian Ad Litem be assigned to our children. Barb was assigned, and she met with me first for about 45mins, Kasey, and then she spoke with my oldest for about 25mins. A few weeks later she met with both Kasey and I to come to a parenting time arrangement. This is where I got confused. She wanted me to except every other weekends and Wednesday afternoons pending Kasey got a 1st shift job. I asked her why we aren't we trying to figure out parenting time for Kasey, why parenting for me. She told me if I didn't cooperate that she would turn her report in to the judge using Indiana Guidelines and note I was uncooperative with the guardian ad litem. Barb got me and our case confused with others repeatedly during this meeting. For Example, She asked things like "Are you guys the ones that were only married for 6 mos?" FALSE!! Kasey asked her if she got her e-mail. Her response was I get hundreds of e-mails a day (like why would you even ask) She referred to her notes that she spoke with Alix and he feels this and this. SHE DIDN'T TALK TO ALIX SHE TALKED TO ANDREW. She accused me of "hanging out" at a local bar/restaurant that I haven't been to in a over year so. She accused me of lying about other things that I can prove that I didn't lie about. Negotiations were suspended because Kasey was trying to decide whether she was going to move approx 105 miles/2hrs away. Barb made it clear to both of us that if Kasey did not move her recommendation would be to Kasey and if she left her recommendation would be to me. This was about a month ago. I recently received a proposal from Kasey with her involving her moving to attend school (this is the same city where her boyfriend of almost a year has lived). I counter-proposed that she could move support free, claim both boys on her taxes for financial aid purposes, and parenting time would be based around her school schedule. Kasey rejected this offer and the next day Barb sent my attorney an e-mail that she thinks Kasey's Proposal is more than fair. Keep in mind they have no family in the city that Kasey wants to move to. She went on further to say that my children are obviously more bonded with my girlfriend than with me. She met with me and one of my children for about an hour. How can she summarize our lives together past and present in an hour of interaction with us? What can I do when a Guardian Ad Lit em's recommendation isn't based on facts and is bias?

 

From 2004 until Oct 2006 both children was with me from the time I get off work at 5pm until I dropped Andrew off at school and Alix off to his mother the next morning. From October 2006 to Current I still have them Monday thru Friday from the time I get off work at 5pm until 9pm at which time there grandmother picks them up and takes them to Kasey's house to put them to bed. The fact that I see them every day Monday thru Friday until at least 9pm has not changed in almost 3 years, how could she think it would be healthy for them to move that far away? Why does Kasey still have temp order of custody?

 

I pointed out that Kasey has lived at 4 different addresses and had numerous jobs and within the last few months had worked 2nd, 3rd, and 1st shifts. I have lived in the same house and had the same job. Barb said that shouldn't be a negative thing on Kasey because she is a single mom trying to make it after a divorce. I thought she was supposed to represent my children not Kasey. I feel like I am talking to Kasey's attorney not a Guardian Ad Litem.

 

Is there anything I can do?

[mistoffolees]

First, it seems that your biggest problem is that you're not being properly represented by an attorney. If your attorney never notified you of a hearing and never showed up, either you never retained an attorney or you retained an incompetent one. This would go easier with proper representation.

Second, even in this post, you come across as confrontational. The first rule of dealing with a GAL is that you need to be completely cooperative and bend over backwards to work with them. If she sees you as confrontational with her, it will work against her. In the end, the GAL DOES have the power to decide your children's future on the basis of a relatively short meeting, so you need to work to make it go in your favor. Again, a good attorney should have advised you.

At this point, it's impossible to say what's going on since I don't have all the facts or the other side of the story. It IS possible to challenge a GAL's report if it has major factual errors. It is also possible to challenge a GAL's report if it shows obvious bias, but that's much harder because the GAL is given a huge amount of latitude and frankly, some bias is permitted.

In any event, your first step is to find competent legal representation or ask your attorney to take a more active role.

[backwardsbike]

Ihave beenthru two custody evals and my children were appointed a GAL last year.  These people don't have to tell the truth, they don't have to be accurate adn they don't have to listen to your side of the story- and the law allows them to be biased.

Your only hope is a very competent family law attorney, preferable one well known ( and liked) by the GAL and the judge.  I almost hate to say it, but its about connections and you wanna have an atorney with the right ones.

When I separated I chose a very reasonable and fair attorney.  She wasn't cheap- but she wasn't the most expensive one on the block either.  My X went with a very high powered former DA who knew the judge well.  Guess who won?  It WASN'T me.  Then my X got arrogant. He stiffed his attorney for $2000 and hired a girl scout leader his wife knew who was a part time attorney.  This woman was known to be an incompetent and during our case had her license to practice law suspended for failure to get the proper amount of CEU's.  Guess who won that round?  Me.  Then my X got another high powered attorney who belongs to the same country club as the judge- yep- I just told my teenaged kids they should just call me when they want to see me from now on.  I'm out of money and connections. And I'm done playing the game.