custody trial

[sunwing]

What is the name of your state? Hawaii

So my fiance is done with all meetings with the GAL. and they have not come to an agreement. my fiance has gone as low as having them only 50% of the year which is what he originally was asking for. What now?

he has 3 police reports stating she has refused his court order visitation.among that he has a visitation log stating how much of a hard time his ex and her family has been giving us when we pick up his 2 boys. we also can obtain proof that his oldest boy is not living with his mom and has no intention of moving to the mothers house. she has not given him any information about school/medical ect. since first court order.

among bringing all this up at the trial, should he ask for more time than he originally settled for with the GAL? or should he let the judge decide how much time he should have?

her defense is that she has been taking care of the children for their whole life and that the oldest son only knows the grandma's house!

 

[CJane]

It is not the GAL's job to come to any 'agreements' with the parents, or to act as a mediator. His/her job is to determine what is in the best interests of the children, based on interviews, home visits and observation, and then present those findings to the judge.

Why does your fiance want 50/50 at this point? Mom's 'defense' that she's been primary caregiver is a very valid 'defense' in a case where someone wants to change the status quo. Your Fiance is going to have to prove (or, really would already have had to prove to the GAL) that a change from standard visitation to 50/50 physical custody would be more beneficial to the children than the current arrangement.