New GAL, new day

[Forthelittleones]

Hi Soc,

Dh went for change of custody due to visitation denial in 2001, April 2002 - settled.  

BM filed false charges 02 and 03 - deemed unfounded twice.  Then BM filed emergency hearing to stop all visitation in July 02 - citing abuse allegations - found to be unfounded.  All was going as smooth as can be expexted until Dec 03 - BM again filed SAME information asking to stop all visitation on an emergency basis. Judge granted but ordered supervised visitation by court - Vistiation occured and court observer noted no signs of abuse and stated that all regular visitation should be re ordered.   Dec 03 - Judge through out and gave DH additional days for missed visitation.  BM refiled as a regular motion to change all vistiation to supervised - Dec 03 - prior to child spending a week with DH at Christmas in another state.

Judge set for pretrial - then he ordered a new GAL to be appointed.  GAL talked to former GAL and to both parents.  GAL immediately recommended forensic eval of all parties including eval of current therapist (her methods and if she is biased toward BM) of SD.

Pretrial this past friday - Judge ordered BM to place on deposit 50K for evals plus pay DH/my airfare, car rental and food for the time it takes to do the eval.  Then the Judge set the case for a change in custody trial.

Questions:
1.  Since BM filed a change in visitation, can the GAL and Judge change it to a change of custody motion on their own?

2. Have you seen a GAL independately recommend a change in custody  when a vistation modification was requested by one parent?

3. any other thoughts you have are always appreciated!

Thank you

[socrateaser]

>Questions:
>1.  Since BM filed a change in visitation, can the GAL and
>Judge change it to a change of custody motion on their own?

A custody trial is what it's called regardless of what the judge is asked to order.

>2. Have you seen a GAL independately recommend a change in
>custody  when a vistation modification was requested by one
>parent?

yes.

>3. any other thoughts you have are always appreciated!

If the judge order the other parent to put up such a large bond, I'd say the object is to get that parent to sit down and voluntarily give over a substantial amount of custody, so that she doesn't have to spend all that money.

Basically, the judge is stronarming the other parent for your benefit. You should offer a new settlement conference, while she's sweating out coming up with the dough.

[Forthelittleones]

Mom no longer wants the eval. States she will stop if we agree to a couple of her stipulations.  Mom stated she doesn't understand why no one beleives her.

GAL came back and stated she will oppose any dropping of the case as she feels the allegations need to be shown as true or false.  GAL also stated that if Mom is not acting in the best interest of the child that the court will intervene.

1. What could that mean?

THanks

[LizaLou1]

Your first post sounded so much like DH's ex I can't help but to chime in.  Our BM will sign any type of settlement agreement to get the court off her back.  But once that's done she goes right back to her old tricks.  Right now she has filed papers to have the Judge recuse himself because he is enforcing HER last settlement agreement.

Right now you are in a great position.  Her true colors are made clear in her statement "doesn't understand why no one believes her."  She will never stop making false claims no matter what stipulations you agree to.  Go for custody while you have the support of the GAL and Court.  They seem to be handing you a gift.  Don't reject it.

Best,

LizaLou