GAL Question

[geepers05]

Soc,

Here is background.  Case is in VA.  Case was heard in J&D with GAL assigned.  Custody to father.  Mother appealed to Circuit Court - settled with primary custody to father, 50/50 legal.  Three years later, mother reopening case in Circuit Court to get 50/50 custody of 2 of the 3 children.  Set a motion to appoint GAL - hearing in early December.

1) Do they keep the same GAL as before? (he is still listed as a GAL on the Virginia website).  

2)If not, any strategies we can use to try to get the same GAL (knows all the history).

Thanks!

[socrateaser]

>Soc,
>
>Here is background.  Case is in VA.  Case was heard in J&D
>with GAL assigned.  Custody to father.  Mother appealed to
>Circuit Court - settled with primary custody to father, 50/50
>legal.  Three years later, mother reopening case in Circuit
>Court to get 50/50 custody of 2 of the 3 children.  Set a
>motion to appoint GAL - hearing in early December.
>
>1) Do they keep the same GAL as before? (he is still listed as
>a GAL on the Virginia website).  

No, but there's no rule that would stop you from requesting that the same GAL be reappointed.

>
>2)If not, any strategies we can use to try to get the same GAL
>(knows all the history).

You can argue whatever you think is in the children's best interests. The best thing to do is try to get the other party to agree. But, of course they will say that the GAL is biased, so it will be a struggle, unless the judge in your case thinks it's a good idea, regardless of either parent's input on the issue.

So, make the request and see what comes of it.

[geepers05]

Soc,

Here is background.  Case is in VA.  Case was heard in J&D with GAL assigned.  Custody to father.  Mother appealed to Circuit Court - settled with primary custody to father, 50/50 legal.  Three years later, mother reopening case in Circuit Court to get 50/50 custody of 2 of the 3 children.  Set a motion to appoint GAL - hearing in early December.

1) Do they keep the same GAL as before? (he is still listed as a GAL on the Virginia website).  

2)If not, any strategies we can use to try to get the same GAL (knows all the history).

Thanks!

[socrateaser]

>Soc,
>
>Here is background.  Case is in VA.  Case was heard in J&D
>with GAL assigned.  Custody to father.  Mother appealed to
>Circuit Court - settled with primary custody to father, 50/50
>legal.  Three years later, mother reopening case in Circuit
>Court to get 50/50 custody of 2 of the 3 children.  Set a
>motion to appoint GAL - hearing in early December.
>
>1) Do they keep the same GAL as before? (he is still listed as
>a GAL on the Virginia website).  

No, but there's no rule that would stop you from requesting that the same GAL be reappointed.

>
>2)If not, any strategies we can use to try to get the same GAL
>(knows all the history).

You can argue whatever you think is in the children's best interests. The best thing to do is try to get the other party to agree. But, of course they will say that the GAL is biased, so it will be a struggle, unless the judge in your case thinks it's a good idea, regardless of either parent's input on the issue.

So, make the request and see what comes of it.