Should we make a motion to change GAL

[Throughtheringer]

Firstly this is a moveaway case NY to Texas.  I am NCP.  Forensic evaluation is finished and came in my favor with the recommendation that the child NOT move and that my visitation be extended.

Child's first GAL was on my side recommending that the child not move.

Now there is a new GAL assigned to the case.

A couple of weeks ago, hours before court, I found out from my lawyer that the GAL said the forensic evaulation was in my favor and she would not recommend the move.

Today I met with my lawyer who spoke to new GAL yesterday and said that she IS recommending the move.  She thinks child's quality of life would be improved.

Can we file a motion to change GAL?

What do you recommend?

Next court date is the day after tomorrow.  I'm a little freaked out and desperate.

[socrateaser]

>Firstly this is a moveaway case NY to Texas.  I am NCP.
>Forensic evaluation is finished and came in my favor with the
>recommendation that the child NOT move and that my visitation
>be extended.
>
>Child's first GAL was on my side recommending that the child
>not move.
>
>Now there is a new GAL assigned to the case.
>
>A couple of weeks ago, hours before court, I found out from my
>lawyer that the GAL said the forensic evaulation was in my
>favor and she would not recommend the move.
>
>Today I met with my lawyer who spoke to new GAL yesterday and
>said that she IS recommending the move.  She thinks child's
>quality of life would be improved.
>
>Can we file a motion to change GAL?
>
>What do you recommend?
>
>Next court date is the day after tomorrow.  I'm a little
>freaked out and desperate.

If you have a report that STATES that the child should not be removed, and now a new GAL is prepared to testify to a different conclusion based on the same evaluation, or if the old GAL only told you verbally that the conclusion was to not remove the child, and the new GAL sees it differently, then I would subpoena the old GAL to testify on your behalf and force the issue.

If you DON'T do this, then you're gonna lose, based on your recitation of the facts, so don't let your attorney screw with you on this -- demand a continuance until you can get the old GAL present in the courtroom.

Of course, if your attorney only told you that the old GAL recommended no moveaway and now the old GAL is not prepared to testify that this is true, then you're screwed anyway, because you won't have evidence of that GAL's prior conclusion. If this is the case, then you're probably just wasting your money trying to seek a THIRD opinion.