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bad GAL-- need help

Started by kjnme, Mar 23, 2009, 06:43:07 PM

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kjnme

I need some help as I feel I have a bad GAL representing my son.  My son is 20 monthes and lives with me.  He lived with his mother for the first 4 mothes of life. During this time he lived in 2 homeless shelters and accquired a bad staph abcess from one of the shelters.  I filed for paternity testing before he was born knowing if he was my child that I had to intervene.  His mother is Bi-polar and refuses to take any meds.  She is alienated from her family as they say she is too violent. Last Feb, she fled the state with my son against a court order and a 2 year OP was granted. Since then, she has had suprivised visitation twice a week.  Since, there are no visitation centers where I live, I must suprivise the visits.  They take place at McDonalds.  Her behavior is terrible having been arrested twice for disorderly conduct at the visits.  I keep a log of the visists so that when the trial happens in June, I can recall when things were done and said.  Since December, she has threaten to kidnap him 83 times, threatened to hurt/kill me and my family more times than that and constantly cusses.  The GAL is openly bias towards the mother having not wanted to place custody with me even though she couldnt provide a stable home and I could.  She has stated she feels sorry for her and even called in a "favor" from another lawyer to provide free counsel for the mom.  When mom had custody,  I had to provide diaper as child support even though I was full time high school student but since I have had custody mom has not had to provide any support even when she works.  This is becuase the GAL told judge that she needed all her money to live on.  EVen though, mom's behavior is escalating, GAL now supports mom having 3 hours unsuprivised visit on Mother's Day.  How can this be and how do I deal with it?  It has been one thing after another with this GAL giving her breaks.  If I would act even a tiny bit like mom, I would never ever see my son.

Advice?
Signed,
Not fair

ocean

Have someone video tape the visits to prove to the LG and the court what happens. Keep calling the police EVERY time she breaks the RO and let the criminal charges hang over her head.
Also, make an appointment with the LG so you have time to sit with them and show all your evidence. They are often overloaded and not remembering or getting only one sided info so you have to make sure she hears your side, often not just 5 minutes before court..lock her into an appointment time where you have her undivided attention.
Good luck!

gemini3

What state are you in?

Each state has rules of conduct that the GAL must adhere to.  That she asked a friend of hers represent your ex pro bono could be a violations of those rules, and shows a clear bias.

But, without knowing what state you're in, I can't say for sure if it violates the code of conduct.  Look for the code of conduct rules in your state.

Your lawyer can file a motion to have the GAL replaced.  You must make your case to the court as to why the GAL should be removed.  Usually a GAL can be removed for the following reasons:


  • failure to investigate
  • failure to report a conflict between the wishes of the GAL and the child
  • bias
  • fraud
  • misconduct