Guardian Ad Litem

Question: If the court assigns you a Guardian Ad Litem for your case can you find a different attorney? Can you find a different attorney on your own and can it be settled without getting the guardian ad litem? My fiancee got custody of the children because she was an unfit parent. She wanted more visitation and got a motion. They went to court and couldn't agree to anything so the judge appointed the ad litem. What can we do? The children are 10, 08, 06, and 04 years old.

Answer: Here in North Carolina a GAL is appointed when someone is somewhat incompetent ( if it is an adult) or a GAL is for the children to be the voice of the children in court. The GAL usually does a home study in both homes and such and then presents their findings to the court, but on top of this both parties usually have their own attorneys even if there is a GAL. Here GAL's are primarily appointed in Social Service cases and not in civil domestic cases, we do not appoint attorneys in custody, divorce, or child support cases. Of course here we also go to Custody Mediation to try to work things out with a mediator with no attorneys or other family members present, if that does not work then it is released back to the court system for a custody trial. If you are at any time not satisfied with your present attorney you may release them and hire your own but it will be paid for out their pocket and not by the state. Hope this helps.

Question: How many times does a guardian ad litem visit? I am going through a difficult custody battle and we were assigned a guardian ad litem. We are less than a month away from our court date and she has not shown up, yet. How many times will she visit?

Answer: They CAN visit as often as they see fit. There is NOT a standard answer. That said, if they NEVER visit, it sounds like they are not doing their job.

Question: Can the guardian Ad Litem sign a minor's petion for a protective order? I need to obtain a protective order for my two children (ages 7 and 4 ) against another minor. I will be submitting the application for Guardian Ad Litem in addition to the protective order petition, however I need to know if I need to fill 2 separate petitions for each child or can 1 petition include both children? Because the children are not old enough to sign the petition, is the petition to be signed by me? I need to get the paperwork filed ASAP some one please help! We are located in California.

Answer: Generally one petition for each. You sign initially. However, this may be affected by the state where you reside. Call the court clerk and they will instruct. all my best.

Question: What is the best way to handle a biased guardian ad litem report? The guardian ad litem assigned to my child custody case wrote what seemed to be a glowing review of my ex's character, home and neighborhood and wrote nothing about the positive things that were said about me. She didn't write anything about where we live or anything. In the summary and when she made her recommendation she never actually gives any reason. She just states that it was a tough decision to make because of the distance between the two households. What can I do?

Answer: "What is the best way to handle a biased guardian ad litem report? The guardian ad litem assigned to my child custody case wrote what seemed to be a glowing review of my ex's character, home and neighborhood and wrote nothing about the positive things that were said about me. She didn't write anything about where we live or anything. In the summary and when she made her recommendation she never actually gives any reason. She just states that it was a tough decision to make because of the distance between the two households. What can I do?" There is no quick answer to your question. You can only "appeal" a final decision of a court and in matters of child custody, appellate courts are disinclined to second guess the judge who heard all the evidence. GALs are given broad latitude to investigate and report to the court. That no positive commentary was provided for you while significant positive commentary was provided for the other side probably means that the GAL believes that it would be in the best interests of the minor(s) to live with the other parent. You are entitled to obtain a separate home evaluation. Since a GAL has already submitted comments on the issue, it's likey the other side would object to paying for half the cost of a home evaluation and you'd probably have to pay the whole cost. That is one mechanism you can use, however, to offset the commentary from the GAL. But the home evaulation is conducted on both parents, and there is no guarantee that the results won't be the same or similar.... Additionally, your attorney can call the GAL to the stand and ask questions about the report-- and attempt to draw out the positives that were not included that you think should have been. And while your attorney can call witnesses to establish certain things about you and the home you will provide for the minor(s), refuting the facts in the GAL report are about the only way to combat the GAL's recommendations. You can't just give your own report. What do you think that report would look like-- yours and the one from your ex? It's possible that the court would allow your attorney to ask for clarification or amplification in the GAL report, but it's unlikely that your attorney would even try to do so. The report is what it is. But remember, the GAL report is only part of what the judge hears/sees. You just have to try to show the good things about you and your home through some other means.

Question: What is the role of a guardian ad litem appointed for a child in family court in a custody case? A child was appointed a guardian ad litem over two years ago in a custody battle. During the 2 yrs the child was sexually molested during an unsupervised visit recommended by the guardian who had seen the child only 2 times and NEVER seen the child with the father in a supervised visit. Even after very strong concerns were made of how visits were going, my request for further investigation were ignored. What do you make of that? And, please, the dictionary is full of words to describe your opinions without using profanity.

Answer: A GAL (typically an attorney) is SUPPOSED to represent the best interests of the child. Unfortunately, your experience is very common. Way too many GALS are incompetent attorneys who can't make it in private practice, who have zero understanding of child abuse and child sexual abuse, and are too often swayed by abuser/molesters, who are very often very talented at courting and winning over people in authority. Here are some articles you must read: THE CASE FOR ABOLISHING CUSTODY EVALUATORS By Margaret Dore. GUARDIANS AD LITEM IN CUSTODY LITIGATION By Richard Ducote. You can find them here: http://www.thelizlibrary.org/liz/ I found out all about GALS the hard way myself. My daughter's GAL recommended that my chronically unemployed abusive ex-husband get custody, even though this idiot admitted he was a "deadbeat" (her own words). This woman has lied to me, questioned me about my religious beliefs, and acted in a generally incompetent manner. Even when my ex's attorney ADMITTED in court that he had been talking to (e.g. coaching) my daughter in his offices (a big legal and ethical no no), my daughter's so-called advocate did nothing. I've heard other horror stories about her too. A co-worker had her during her divorce, and her two-year-old was stuck with unsupervised visitation with her father, even though the girl had described to her mother various masturbation games her father had played with her. Yes, GALs are bad news.

Question: What does a Paid Law Guardian Ad Litem do in a Custody Battle? Custody Battle ..... in a Temp Order both parties agreed to the appointing of a Guardian Ad Litem for our infant son. What is the role of a Private Party hired Guardian Ad Litem in the State of Georgia? Will said Guardian Ad Litem be giving an opinion as to who they believe would be best suited for Full Custody or if one party is not suited for Joint Custody,etc?

Answer: They observe the parents behavior and attitudes toward their child. They usually try to get the child to open up to them and tell them of past experiences or about their parents whether the comments be good or bad. This usually is used in medical emancipation and custody rights. They are more or less there, to make the child aware of their rights and choices.

Question: Is the judge obligated to appoint a guardian ad litem? If there is a minor who is 16 and his parents are distributing pornography of him and the DA refuses to press charges for whatever reason,if there are tons of qualified individuals willing to assist the child,does the judge 100% HAVE to appoint one of them as a guardian ad litem to make it stop so SOMEONE will take the case in a civil trial? so if certified the judge would have to grant the petition?

Answer: Someone must petition the court to appoint a guardian ad litem if the judge doesn't have the presence of mind to do so himself. The person who would petition the court would normally be the child's attorney. The guardian ad litem must be an attorney or certified by the court. An interested individual could petition the court with a form modeled after that in the link below to appoint a guardian.

Question: Is there a law that keeps a Florida resident from stating false information to a Guardian ad Litem in NH? A Florida resident (ex-mother-in-law) has made false statements to the Guardian ad Litem assigned to my children in a New Hampshire case. My children are Pennsylvania residents. Does anyone know if there is a law that I can use to file against the Florida resident? If the case is open in New Hampshire but the children are legally Pennsylvania residents, what state do I file in / what state law do I follow?

Answer: She can lie like a snot-eating dog out of court and there is nothing you can do except calmly refute her statements when it is your turn to talk. The Guardian ad Litem is obliged to collect evidence and present it to the Court, and if s/he believes someone is lying that will come out. If she puts her lies in writing and signs an affirmation statement, then she can be accused of submitting a false statement. But you would have to prove she lied knowingly with the intent to mislead the court. If she lies under oath she can be accused of perjury. But you would have to prove she lied. If the Court hearing the case is in New Hampshire, then the laws of that state would control. Most Judges are so used to hearing people lie that they don't bother to do anything about it, so don't press the issue. Just make sure you tell the truth yourself.

Question: What does a Guardian Ad Litem do exactly? Going through a divorce... my soon to be ex husband has threatened to hurt our son so I am trying to get at the very least supervised visitation when it is his time to see him. The court is appointing a Guardian AD Litem... so I was wondering what exactly they do.

Answer: The Guardian Ad Litem will represent the interests of your son in the divorce. She is the attorney for your son. You need this person on your side.

Question: Why do I have to go to court to have a Guardian Ad Litem appointed for my husband in jail? I’m in the process of a divorce in VA on my own (can’t afford a lawyer). I’ve filed all the paperwork with the courts but now I’m told I need to have a Guardian ad Litem appointed for him because he’s in jail, anyone know where I can get more info on this?

Answer: The court should be the one to appoint the guardian for him. It works the same as in custody cases. However, in custody cases the parents have to share the cost of the guardian. I'm not sure how it would work in a divorce. Guardians are chosen from the lawyers in the jurisdiction where your divorce proccedings will take place. Did he have a public defender when he went to court for his crime in the first place? If so, contact that attorney on his behalf and see what they recommend.

Question: Can anybody give me information about what's the job of a guardian ad litem? I'm searching for career options and I have hears about the term guardian ad litem. I'm interested in getting involve in the law field. Unfortunately I can not find a description on the job mention before. If any one can please help me with links or information about the career. Thank you!

Answer: Previous-poster "googleplex" is correct, but Guardian ad Litems aren't just for children in the court system - they can also be for adults, especially the elderly. GALs are for anyone that cannot speak for themselves. (Children aren't considered to be old enough. Although what they say may be considered.) Be aware of what you are proposing on getting yourself into. Please do more research first. Reminder: We are in a World-wide Recession. Consider career paths that have available JOBS.<<<<<<<<<<<<<<<< Warning> Jobs in the field of Law are drying up fast!! This is just not a good field to invest time and/or money into. This is a SHRINKING, crumbling, and dying vocational field. Many reasons. We now have computers. So, many people today (mistakenly) think they can do their own legal work, thanks to the Internet. Also, there are a lot of companies out there making very efficient legal software for the field of Law. Today's graduating lawyers tend to be very computer savvy, so they just do the work themselves to save themselves the cost of overhead. Also, the "Public" buys this legal software in order to get legal work done without the cost of an Attorney. Also, we simply already have way too many Legal Professionals - we have an absolute glut!! ("Legal Professionals" includes, but is not limited to: Attorneys/Lawyers, Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc) There are no jobs in this vocational field. My family, coworkers, friends, acqaintances, etc. have been laid off left and right in this vocational field. Employers (usually law firms) in the field of Law today want employees with Bachelors degrees from traditional colleges/universities. Those "certificates" you see advertised aren't worth the paper they are printed on - they are generally scams. (I found this out the hard way.) Cost of law school to be lawyer, approx $150,000+. Be prepared to take on a LOT of debt.<<<<<<<<<<<<<<<<<<<<<<<<<<<< Even if you finish law school, you won't be able to find a job when you are done. Since this vocational field is shrinking, many new attorneys/lawyers are, themselves, having to work "down" as Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc, to simply try to keep some of their bills paid <<this would be your competition. And the competition is fierce!! Now... the law schools know this, but they won't tell you the truth >that the job market/economy is just saturated with way too many Legal Professionals. Instead the schools will feed you a fairytale and will lie to you. The root of the problem is we have too many law schools. We are in a recession, and the schools are fighting for their own survival - they will tell students anything to get to the students' money. (Which is why they won't tell you the truth about the job market for the field of Law.) And these schools continue to recruit and churn out even more graduates.............Remember: law schools are BUSINESSES - their top concern is making money for themselves. If you don't believe me, then just do a SEARCH here on Yahoo Answers to see what other posters are saying about the current status of the field of Law. Call some local law firms - ask to speak to the Manager of Human Resources - ask them if they are hiring; ask them what they think about job availability in the field of Law.................. In the book "So You Want to be a Lawyer?" by Marianne Calabrese and Susanne Calabrese (ISBN 0-88391-136-1): "The United States has more lawyers than any other country in the world. About 38,000 students graduate >each year< from the 200+ law schools in the United States. The competition is very keen for jobs and clients." - Even Associate Justice Antonin Scalia (who served on the U.s. Supreme Court for more than 20 years) says there are too many lawyers. (9/14/2008) Check out these websites: http://informeddecisionmaking.blogspot.c… http://calicocat.com/2004/08/law-school-… http://abajournal.com/news/triplt_bad_ne… http://abajournal.com/news/as_rio_tinto_… http://blog.penelopetrunk.com/2009/02/03… (A link to a website does not constitute endorsement.) If you want a job when you are done with your studies, consider and look into the fields of >>>Healthcare or Information Technology! I spoke to a career counselor from Jobs and Family Services, and HE told me that these areas are where the jobs are, and future job availability! and scholarships! Good luck. (This is based on my current knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Please be careful and do your research.)

Question: At what age in New York is a guardian ad litem done? I have 2 sons that will be 18 in Jan. 2011. They have had a guardian ad litem since their father passed away 4 years ago. He hasn't done anything for them since day one. Never met them, never talked to them, doesn't even know their names or ages. They were just another case for him. When they turn 18, does he still have any legal say in what they do? Bank accounts etc.

Answer: at 18, absent psychological or cognitive issues, or extremely large assets, the GAL advocacy will end. Shame that you got a lazy one - they can be a wonderful resource.

Question: How do you become a guardian ad litem? I am a high school student and I was sort of leaning towards law for my career. I have heard about guardian ad litems before and I have done some research on what they do and it sounds interesting. I just didn't know what you had to do in order to become one. I hear in some places that they are just voulenteers, but I really have no idea how you are really suppose to become one. Is it an actaul occupation, or is it just something lawyers voulenteer for?

Answer: "How do you become a guardian ad litem? I am a high school student and I was sort of leaning towards law for my career. I have heard about guardian ad litems before and I have done some research on what they do and it sounds interesting. I just didn't know what you had to do in order to become one. I hear in some places that they are just voulenteers, but I really have no idea how you are really suppose to become one. Is it an actaul occupation, or is it just something lawyers voulenteer for?" There is no quick answer to your question. Don't get confused about a situation that can be confusing from jurisdiction to jurisdiction. There is a national organization called Court Appointed Special Advocates (CASA) that nominally oversees local non-profit agencies that follow a nationally guided mandate to provide trained volunteers to local juvenile courts where those volunteers act on behalf of neglected and abused children. Not all states and jurisdictions use CASAs as GALs and they may or may not have the powers of a party to the case. A CASA is usually a volunteer, non-attorney who represents a child's best interests to the court. The CASA might also be considered a GAL. CASAs have a court order that allows them access to all the documentation about the child (school records, medical records, CPS records, etc.) and to interview parties that have knowledge about a child's circumstances. The CASA then takes that knowledge and decides what course of action to recommend to the court in the best interests of the child. A report is usually prepared for the judge and submitted a few days before the case goes to court. Or the Court might also appoint a GAL-- generally an attorney paid by the state to represent the best wishes of the child (where the CASA does the same but can only speak generally to the court and is not entitled to make motions as an attorney-GAL would be entitled under some court rules). Usually, attorneys let themselves be known to the court as an attorney who will take on that work-- either paid or pro bono. Some attorneys do a small amount of GAL work on a pro bono basis each year to meet requirements of their local bar association or because they feel it is socially responsible to do so. A child might also have legal counsel-- an attorney who has an attorney-client relationship with the child and who must represent the child's interests (that might not necessarily coincide with what the attorney believes are the best intersts of that child). These attorneys are most often paid but they might also do this work on a pro bono basis. Most CASA organizations require that the volunteers who take cases be over 21 years old. But some CASA offices welcome office assistants and other volunteers to help with their administrative efforts. Take a look at the national CASA website to find a local CASA organization. And give them a call to see how things work where you live. As for becoming a lawyer, well, that's a whole other can of worms. Let's just say for now that if you do become an attorney, you could choose to focus in family law and represent children-- but that isn't necessarily enough to put food on the table and a Lexus in the driveway....

Question: how long does a autistic child have to file a lawsuit if a guardian ad litem is appointed to protect the legal? guardian ad litem is appointed?...most minors have until the age of 18.....is that right to sue until that age effected by the appointment of the g.a.l.?

Answer: You didn't mention what the lawsuit is for, and the statute of limitations will vary depending on the claim. If you could add some additional details (whether you're wanting to sue a school system, medical personnel or what), it would be helpful. If you're wanting to file a claim for vaccine injury, you are required to go through the vaccine court first (with very few exceptions, you can't file a claim in civil court without first going through the U.S. Court of Federal Claims (vaccine court). Problem is, the vaccine court has the shortest statute of limitations that exists in law: three years from "manifestation of onset of symptoms" (whether or not you knew whether your child might be affected).

Question: What exactly is a 'guardian ad litem'? my parents are going thru a divorce and stuff, and they said me and my brother have to have a meeting with this 'guardian ad litem'. who are they and what does this title mean? i think it's in latin or something...

Answer: It's an attorney who will represent your best interests. So if your parents decide on something and you don't agree, the guardian ad litem will talk to you about it and present your case to the court.

Question: How do I get a Guardian Ad Litem? I've been talking to my family about the recent drama that has happened with my mother and me and we decided that i should get a guardian ad litem...how do i get one? i hused to have one when i was little but i'm 14 years old now....please help!!!

Answer: See an Atty.

Question: how does one become a paid Guardian Ad Litem ...? I am considering joining CASA ,but my career has went in the toilet. I understand that you do not neccessarily have to be an attorney to become a paid Guardian Ad Litem. I live in GA. Any ideas how to go from a CASA Volunteer to become an actual Guardian Ad Litem for hire?

Answer: Do you have contacts? Did you make any good contacts with the court or attorneys while working with CASA? Here are some manuals re: GALs: http://www.childwelfare.net/resources/Ju… While you may not have to be an attorney to be a GAL, I think most are (other than those GALs who are relatives of the dependent children).

Question: is a guardian ad litem required since I have DNA proving i'm not the father, plus I met the child 1 time only? i live in iowa, on the disestablishment of paternity which was filed by attorney, she put that DNA proved i'm not the father. But she didn't put anything on their about a guardian ad litem for the child. Will the court appoint one? the mother has not responded to the sheriff serving her the disestablishment of paternity document. please help plus who pays for the guardian ad litem me or the court or the mom?

Answer: The Court must appoint the guardian ad litem for the child. Yes, the guardian ad litem is required - he or she represents the best interests of the child and really has nothing to do with you.

Question: How do I become a Guardian ad Litem and what is the pay like? I know it may change from jurisdiction to jurisdiction, but please share what you know.

Answer: check with the courts and the welfare systems, and foster parenting services, or any other agency dealing with alternate parenting, or other types of guardianship matters. Good luck

Question: How soon after a Guardian Ad Litem is appointed are the parents contacted? A GAL was apponted 2 weeks - do we have to wait until the next court date until she starts on the case?

Answer: It depends on the GAL and the specific circumstances of your case. Were you or someone else ordered to pay the GAL? If so, chances are outstanding that the GAL will not start working on the case until she receives her retainer.