impact of GAL at temporary hearing?

[maxwell]

Hi,
  I won't review my entire case but suffice to say I obtained joint custody (every other week) of my then ~4 month old son back in June, 2003. BM (who appears to be a borderline/narcistic) has history of custody battles with her previous 2 children (2 different fathers also). She was ordered to drug testing, psych exam, social services involved, etc. She has been evicted again, and is also violating the current court order by having her boyfriend stay over (actually live there) when my son is present, and I have it on tape by a PI.  I have met with the GAL a few times (he once spent 5 hours with me and my son). I am a hi-tech professional with a good job, recently bought a new home, and have no criminal or civil records unlike BM who uses men and has a nomadic history, criminal and drug past and present, etc.

   Anyway, she refuses to meet with the GAL (we don't understand why), and due to the circumstances we scheduled another temp hearing in a few weeks. My understanding is that the GAL can say a few words at this hearing as well as my lawyer (her lawyer quit as she didn't pay him nor heed his words). It appears that the GAL is going to fully support me, and hopefully recommend that I get full custody of my son.   My understanding is, that the judge usually sides with the GAL's recommendation.   Is that the experience/understanding most here have?  If so, and I get full custody, I will then ask for a final hearing ASAP and get this thing settled so my son can have some stability/safety in his life. (This is occuring in SC, if it matters.)

thx,
m-

[Indigo Mom]

Check this out.  I had a hearing in January.  The Judge had a few cases on his docket for that day, and asked his clerk to come out and ask if we "really" needed this hearing, or are we going to dispute the GAL report.  The clerk also told us that the Judge is prepared to go with whatever the GAL said...and the guy didn't even LOOK at the report yet.  (and this is a GREAT Judge)

Also, in the beginning of the case (when I was the ncp), we had a bogus GAL.  His word was gold, too...and since he was "buddies" with my ex, my son and I were shredded.  It didn't matter that his report was filled with provable lies, the Judge (different one) agreed with whatever he recommended.

So, does that answer your question?  If not, then....YES...Judges swing the way the GAL does.  

Your final hearing will probably be a few months out, so right now...focus on settling the child.  If he's had a roller coaster life, he'll need loads of extra love and stability.  Remember, though...she can file modifications to the permanent orders in the future.  By the way, what's your proposed parenting plan look like? Have you seen the GAL's report yet?

[maxwell]

>Your final hearing will probably be a few months out, so right
>now...focus on settling the child.  If he's had a roller
>coaster life, he'll need loads of extra love and stability.
>Remember, though...she can file modifications to the permanent
>orders in the future.  By the way, what's your proposed
>parenting plan look like? Have you seen the GAL's report yet?

  The GAL had been instructed to issue a report based on his initial investgation. Since BM will not even meet with him, he will probably base it on mostly me, and what we have discovered about her (empirical proof of evictions, tainting the drug test, criminal activity, contempt for having her b/f there overnight when my child is there, etc. etc.) -- I think he basically understands that my son will be provided a loving, safe and secure environment with me (and that she has children to get 'meal' tickets - or so it appears).  He also expressed concerns that she may have a drug habit -- since we cannot account for where all her money goes to (2 child supports, 1 social security disability income for older son, state aid for insurance and daycare and she has a decent job), and based on her previous drug use.  I have not seen his report yet nor have I heard about a parenting plan. Presently we alternate weeks (son is now 1 and seems happy). The GAL has expressed his concern however with the present order (e.g., week on/off) and hopefully completely understands that my son is best cared for by me.

I see your in Denver... I just moved from there to NC.

[NoNicky]

I think that most judges do rely heavily on the GAL reports.  That is why they are there in the first place.  The fact that she is refusing to cooperate with an officer of the court (the GAL) will not look very good for her.  But then again there are those judges who will give the mother anything.  Be aware that since she was dropped by her attorney, it doesn't matter the reason, she can ask for a continuance in order to obtain new counsel.  We went that merry-go-round with dh's ex for a while.  

NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[maxwell]

>Be aware
>that since she was dropped by her attorney, it doesn't matter
>the reason, she can ask for a continuance in order to obtain
>new counsel.  We went that merry-go-round with dh's ex for a

  I'll be surprised if she does (and moreso if the Judge allows it). At the first hearing she did this  - the Judge even recessed and called her attorney's office to see if she had retained him (then got to see all the evidence I presented in terms of affidavits so then she delayed another month or so and presented her own later -- all to no avail). This time her attorney quit for nonpayment and because she ignored his advice (its all in his motion) back in ~November so she has had plenty of  time to sign his dismissal papers and get a new one. She has not paid the GAL and he will be there to testify also. She probably has no money as she has been evicted again and is suspect of having a drug habit.