GAL and ADD

[hoosierpapa4]

My attorney has gone to school with the Attorney who is appointed as GAL for my children.  He knows that the GAL is diagnosed with ADD and has a significant problem with following up/through on things that are requested.

My atty has suggested that I present myself as "less intelligent" than I am, and permit the GAL to believe that anything that is pursued is her idea as she doesn't like to be lead, but would rather lead.

The GAL was appointed in the past, prior to my working with the current atty that I have.  The GAL ignored all of my requests and information presented to her and simply interviewed the children and my X.  After 8 hours of work, she presented to the Court that the children should remain where they are and that she believed that the X was "working with the hand that she was dealt", and that "she is doing the best that she can".  Since that time, there have been several significant events that have transpired which should not look favorably for the X.  eg. X withdrew one child from HS, other is failing completely (same child was stabbed at her mothers home by another juvenile), other is on probation with Juvenile authorities, X was providing minor children with cigarettes.

1) GAL ruled favorably for the X in the past, ignoring the situation that the children found themselves in.  Based on the things that have transpired since the GAL last ruled that Mommy's best... How should I present the information so that the GAL will think it's her idea on changing custody or at the least modifying parenting time?

2) Atty has presented her with 45 exhibits which will be entered into evidence at trial.  Should she choose to ignore those and continue to recommend that the children stay with mom (ignoring the obvious - like 18 police reports, letters from the Court appointed family counselor, CPS reports), how would she best be "impeached" at trial?

3) Based on the fact that I will not be able to get before the Courts until May of next year, should the GAL present her recommendation that custody be changed (say in 30 days), what can/should my attorney be doing between now and May to expedite the change of custody, would this be through a Joint Stip, Agreed Entry, and would this require the GAL to file her report with the Court and her recommendation?

Thanks in advance for your help.

[socrateaser]

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>
>1) GAL ruled favorably for the X in the past, ignoring the
>situation that the children found themselves in.  Based on the
>things that have transpired since the GAL last ruled that
>Mommy's best... How should I present the information so that
>the GAL will think it's her idea on changing custody or at the
>least modifying parenting time?

I think it's a bad idea to try to "play" the GAL. If you think that there's a problem then you should challenge the GAL on specific grounds -- whatever they may be. Not sure that ADD is in any way relevant to your complaint here, so your attorney may be playing "you" in order to make you feel like your case is better, because he/she doesn't want to tell you that you're just wasting your resources.

>
>2) Atty has presented her with 45 exhibits which will be
>entered into evidence at trial.  Should she choose to ignore
>those and continue to recommend that the children stay with
>mom (ignoring the obvious - like 18 police reports, letters
>from the Court appointed family counselor, CPS reports), how
>would she best be "impeached" at trial?

Put her on the stand and ask her to interpret each exhibit. Then bring another expert in with a different opinion.

>
>3) Based on the fact that I will not be able to get before the
>Courts until May of next year, should the GAL present her
>recommendation that custody be changed (say in 30 days), what
>can/should my attorney be doing between now and May to
>expedite the change of custody, would this be through a Joint
>Stip, Agreed Entry, and would this require the GAL to file her
>report with the Court and her recommendation?

You could offer to try the entire matter before a retired judge, and you will pay the tab. Then you could have your trial whenever you want. Obviously, if the other side has custody, they will refuse to cooperate with any attempt to expidite, thus you are probably stuck with the court's overbooked calendar.