GAL, Daycare, & EX...

[ER]

This will be long here but I hope those taht read it understand.

My ex filed a motion last fall for medical decision making rights over me the custodial parent. I requested a GAL through my attorney and the judge orderd a new GAL rather than the orignal one familiar with our case due to his ability to get nothing solved. (go figure) Since these past 7 months my ex and I and awaiting an orderd mediation and a 3rd pre-trial due to the fact that the GAL reccomended that my ex not be given any decision making rights. I quote his line as "it would be a recipe for disator"

In the pre-trial my ex was furious with the GAL findings and report. 16 pages long. This GAL even looked into our sons' condition which he is a special needs child at this time in his life and require much help and services. My ex whi is a social worker has felt very different towards my decisions for our son but she never has communicated to me or with me to express her thoughts. The only time I know anything is when her rich father gives her the money to take me court.

Now to add to this mess our court orders state that in the summers months we are to go a one-week on/one week off visitation until school starts. Our order was shared parenting but we do not have a "true" shared cusotdy. It is just words. In reality I have physical custody but a shared legal to an extend outlined in our parenting plan. During this period our son exhibits behavior problems which can be see as normal on most children but not special needs. The adjustment going back and forth usually take 3 to 4 days for him to settle down and by then it is back over again. To add to this, my ex does not communicate with me on any level unless she is looking to get "something". I have been told by school and therapist involved with my son that there is no consistancy in the homes and there needs to be for our son to mature. My ex's refuses or seems to refuse to do anything positive to rectify this.

Our son was caught at day care with a lighter a few weeks ago and has been showing behavior signs of sexual conotations. By that I me he has gone up to strangers all women and grabbed their breast or squeeze them. Now mind you this is a 5 year old!!! My son has also been touching himself on his chest in the same area as a women and doing things an adult would do in a certain situation. No mind you, I do disipline him and correct him but this behavior has scared me beyond belife!! The ways he does it, and not all the time, proves to me that he is "seeing" it somewhere. My boy is very smart and picks things up fast.
I beleive my ex may be doing things innappropriate around him with other men that my son is doing. Unfortuneately, I cannot get solid proof.

And to add to this even further, my ex has been painting his toenails on occasion and sending him home to me or school a few times. I have not appraoch her on these subjects as I wish to discuss this in front of the mediator. These are just a small amount of things that have been going on at my ex's house or when she has our son. My ex can be very angry and shouting when she does not get her way or when she is confronted. She has on occassion used her postion as a social worker to gain levearge in any situation. Misue of power as I see it.

So yesterday the day-care calls and informs me my ex filed a complaint against her for "favortism over another parent" due to her interview with the GAL and what she stated and the lighter incident in whcih the day care gave it to me. I personally asked for the lighter when I was told. My ex was told the same day our son brought it from her house but never asked for it back nor seemed concern by the day care's account. It was only when a week later that my ex asked for it and was told I have it. It seems my ex felt the day care should have given her the lighter ut the day care said seh never seemed interested until a week later as in if it was something important. My ex does not smoke but she has been dating men and one in particular is an ex who smokes but not ciggarettes. But agin, I can't prove this but only by a co-worker of this guy who witness hims doing drugs. A lot of hear-say thought.

The day care was only doing her job to reprot what happened. My ex never talks to this lady nor even asked how her son is doing day in and day out. I pay the day-care, I fill out the forms and I the majority of the parenting and I am the residential parent. I specifically told the day care that any incident be it when I bring our son or my ex that I want to know regardless and the mother can be told as well. It seems my ex is furious one with the GAL, two the day care for telling me and giving me the lighter and three, I have the lighter that obviously is someone who wants it back bad enough to file a complaint rather than be concerned about her child having it in the first place.

Now, my questions is this. The day care did talk to the supervisor of job and family services that overseas the day care. They assured her that nothing much could be doen because the complaint has no warrant. i feel in fact it may come back to hurt her in court due to the lighter. I feel my ex may be trying to sabotage things so that I cannot take our son there only to be "put-out" and have no means for day care. I also feel see is trying to discredit the GAL for bias opinion based on the chain of events to fight her motion in court.

How hard is it to go against a GAL in a case when 4 professional and a day-care were interviewed and 100% of them had agreed on his findings and question regarding my ex and I? The professionals were teachers, doctors and theapists. No family memebers were interview.
Also, my attorney says it is very, very difficult to go against the GAL recommendations. Does my ex seem to have a change or is she just spinning her wheels to get attention?

I say this beause a memebr of her family is saying that her rich daddy is getting tired of the money spending and is looking at another court case with her other child (not mine). He is trying to locate the father after 14 years and my ex will not give him the true name because she does not want the money to stop.