GAL - general questions

[Shears]

What is the name of your state (only U.S. law)? Georgia

Couple of questions:

1) Does a GAL look at a case as if it's 'brand new'? Meaning...Do they just do their investigations, research, and interviews and then decide/recommend whether parent and home A is a better/worse environment and situation for the child than parent and home B, or do they also have the responsibility of making a determination whether a 'change in CP is substantiated and in the child's best interests'?

2) Are the parties' attorneys able to review the GAL's report/recommendation prior to court?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Georgia

Couple of questions:

1) Does a GAL look at a case as if it's 'brand new'? Meaning...Do they just do their investigations, research, and interviews and then decide/recommend whether parent and home A is a better/worse environment and situation for the child than parent and home B, or do they also have the responsibility of making a determination whether a 'change in CP is substantiated and in the child's best interests'?

2) Are the parties' attorneys able to review the GAL's report/recommendation prior to court?

The GAL normally looks at a case as if its brand new. They do not necessarily have to determine if there is a change substantiated but rather they are looking at best interests and wishes. And yes, the parties' attorneys can review the GAL's report prior to trial.

 

[Shears]

The GAL normally looks at a case as if its brand new. They do not necessarily have to determine if there is a change substantiated but rather they are looking at best interests and wishes. And yes, the parties' attorneys can review the GAL's report prior to trial.

Thanks so much for the quick response and info!

 

[Shears]

Who's right?

Still in GA...and another GAL question...

My attorney wants to move the cust mod case to juvenile court 'so that we can get a GAL involved.'

A friend of mine who is an attorney says 'that doesn't make sense - you don't have to be in juvenile court to ask for a GAL. you just keep your case where it is and request a GAL.'

Anyone know if the friend is right?

 

[Ohiogal]

Still in GA...and another GAL question...

My attorney wants to move the cust mod case to juvenile court 'so that we can get a GAL involved.'

A friend of mine who is an attorney says 'that doesn't make sense - you don't have to be in juvenile court to ask for a GAL. you just keep your case where it is and request a GAL.'

Anyone know if the friend is right?

You can't move it to juvenile court just because. Your friend appears to be correct. You can get a GAL in Domestic Court. You need a new attorney.

 

[Shears]

eeeeek!

Maybe...I'm hoping...my attorney told me that 'in one sentence' because he doesn't think I need to know the specifics of how/why he's moving it to juvenile court; and in the same breath threw in that a GAL will definitely be involved. ?

He talks very quickly, and pretty much keeps me on a 'need-to-know' basis, with very little legal information given directly to me. I guess that's kind of what I've paid him for, but unfortunately I'm the type of person who is needy for details.

When we do speak/meet, afterward I feel much more calm and confident in what he's doing. It's the questions that creep in my head in between meetings, and things friends and family say to me, that get my questions and stress all riled up again.

I swear, sometimes this is worse than looking up medical symptoms on the internet and worrying you've got some rare freaky disease.

Thanks for the info, Ohiogal - I appreciate it.

 

[Shears]

GAL vs. Psychologist

New question.

So over a year ago now, our son was diagnosed with ADD with 'comorbid conditions'. The pediatrician's orders were medication and therapy. Pediatrician gave us 2 recommendations. Long story very short (if you want the details, let me know), the ex has been spotty at best with the medication, and has taken our son to zero therapy appointments. We went to one visit with one of the recommended therapists without our son to do family history, etc. Again, long story short, son never had a visit.

Currently, I have a petition in to modify custody. Per my attorney it has been moved to juvenile court. Atty tells me we should have a temp hearing in a month to get a GAL assigned and address current transportation and visitation disruption issues.

Just in time for the 30 day response, ex hired an attorney. She sent me an email a week later saying she had scheduled an appointment with Dr. X (psychologist) 'per attorney's recommendation'. I could not attend that first visit (work issues).

Typically I am very involved in our son's healthcare, and would be a willing participant in any appointment. This whole thing is suspect. For one, it takes a petition to modify custody for my ex to medically treat our son. Secondly, the therapist has no family history, and was not recommended by the pediatrician, but by an attorney. Thirdly, he is not a child psychologist, no specialization in ADD, etc. (he is a 'marital/family therapist'). The whole thing reeks of court game.

I discussed with my attorney whether I should attend or not, if so, what to/not to say, as I feel a 'real' therapy plan should include all truths, but this 'therapy plan' is a set-up. My attorney said he felt very strongly that yes, it is a set-up, but 'who cares'? Basically, he feels the judge will see right through it, and that I shouldn't worry. Go, don't go, talk, don't talk, he said it doesn't matter - the facts are the facts, and no newly hired therapist is going to change that.

So I went to today's visit. The therapist spent some time with our son, then some time alone with me and ex. He was very open about the fact that these visits are for the purpose of testimony by him. It was also very clear he's 'in her attorney's pocket'.

I'm trying REALLY hard not to have anxiety about this. It's more and more of the same manipulation that keeps us at odds and our son suffering.

So finally, here's my question: knowing there's going to be a GAL on this case, and assuming for optimism's sake the GAL is impartial and has his/her eyes wide open; and knowing a psychologist is being paid to say what ex's attorney wants [and oh, how sickening it was to write him a check today ]; if there is a conflict of opinion, does the GAL's recommendation hold more weight than the psychologist's?

 

[LdiJ]

New question.

So over a year ago now, our son was diagnosed with ADD with 'comorbid conditions'. The pediatrician's orders were medication and therapy. Pediatrician gave us 2 recommendations. Long story very short (if you want the details, let me know), the ex has been spotty at best with the medication, and has taken our son to zero therapy appointments. We went to one visit with one of the recommended therapists without our son to do family history, etc. Again, long story short, son never had a visit.

Currently, I have a petition in to modify custody. Per my attorney it has been moved to juvenile court. Atty tells me we should have a temp hearing in a month to get a GAL assigned and address current transportation and visitation disruption issues.

Just in time for the 30 day response, ex hired an attorney. She sent me an email a week later saying she had scheduled an appointment with Dr. X (psychologist) 'per attorney's recommendation'. I could not attend that first visit (work issues).

Typically I am very involved in our son's healthcare, and would be a willing participant in any appointment. This whole thing is suspect. For one, it takes a petition to modify custody for my ex to medically treat our son. Secondly, the therapist has no family history, and was not recommended by the pediatrician, but by an attorney. Thirdly, he is not a child psychologist, no specialization in ADD, etc. (he is a 'marital/family therapist'). The whole thing reeks of court game.

I discussed with my attorney whether I should attend or not, if so, what to/not to say, as I feel a 'real' therapy plan should include all truths, but this 'therapy plan' is a set-up. My attorney said he felt very strongly that yes, it is a set-up, but 'who cares'? Basically, he feels the judge will see right through it, and that I shouldn't worry. Go, don't go, talk, don't talk, he said it doesn't matter - the facts are the facts, and no newly hired therapist is going to change that.

So I went to today's visit. The therapist spent some time with our son, then some time alone with me and ex. He was very open about the fact that these visits are for the purpose of testimony by him. It was also very clear he's 'in her attorney's pocket'.

I'm trying REALLY hard not to have anxiety about this. It's more and more of the same manipulation that keeps us at odds and our son suffering.

So finally, here's my question: knowing there's going to be a GAL on this case, and assuming for optimism's sake the GAL is impartial and has his/her eyes wide open; and knowing a psychologist is being paid to say what ex's attorney wants [and oh, how sickening it was to write him a check today ]; if there is a conflict of opinion, does the GAL's recommendation hold more weight than the psychologist's?

Maybe, maybe not. It really depends on what each one of them have to say in court.

 

[mariasusa]

I cannot answer questions as to how a GAL works, yet want to ask;

Do you and ex have joint legal custody? What is the visitation schedule like? Legally, you and mom should agree on psychologist and doctor. There are grey areas here, like if child seeing a therapist or doctor that really works for him, not good for one parent to rock the boat. However, you got a referral for child to have therapy regarding ADD and medication, right? Have you attempted to find therapists for this, and supplied that information to mom? Tried to set up appts. with any of them?

I would continue to do that, and try to stay calm about this person mom has hired. Keep focusing on your childs best interests...he needs professional help and you are doing what you can to get him that help, period. Awknowledge, if questioned, that this psychologist mom's attorney recommended, is not there to treat ADD but to supply testimony for mom. Your intent is to find professional help for your son, and therefore he needs to be seeing someone separate.

Consider Ohiogals advice...can you get another attorney?

 

[Shears]

Do you and ex have joint legal custody?

Yes, but we have the horrible 'in the event the two parties cannot agree, mother has final decision making authority'. Which she has used for 7 years to do what she wants and 'notify' me.

What is the visitation schedule like?

It's in complete ruin right now. It's *supposed* to be our son with me every Thurs from school recess, returning to school Fri a/m; and EOW Thurs from school recess, returning to school Mon a/m. Ex has moved 2 hours away, and since reg school year visitation started back up 2 weeks ago, I am getting him EOW Friday evening til Sunday evening.

However, you got a referral for child to have therapy regarding ADD and medication, right?

Correct.

Have you attempted to find therapists for this, and supplied that information to mom? Tried to set up appts. with any of them?

Pediatrician gave us the recommendations during office visit where we were both present. I scheduled the first appointment - parent eval (son not present). Both of us attended. I set up the next three appointments for our son. Ex canceled each appointment. Every month that has gone by I have asked her what her plan is for his therapy. She 'agrees this is important' in emails, and then does nothing. Therapist let us know from the get-go she would drop us for missing/continuously cancelling appointments.

Awknowledge, if questioned, that this psychologist mom's attorney recommended, is not there to treat ADD but to supply testimony for mom. Your intent is to find professional help for your son, and therefore he needs to be seeing someone separate.

My point exactly. I have been around the bend with ex trying to coordinate a 'real' therapist. After meeting with this 'attorney therapist' today it's clear our son STILL isn't getting any treatment - he discussed nothing about our child, ADD, behaviors - it was all about custody in our session. ! I just had a lightbulb moment ! I'll have an update on this question in the next day or so!!

Consider Ohiogals advice...can you get another attorney?

Overall I feel very confident in my attorney. The above question about juvenile court ended up being what I hoped - that the attorney didn't give me the specifics in his initial comment about it; when we met last week, he gave me a lot of details as to why it's best to move it, and I understand now. It wasn't just 'to get a GAL'.

 

[Shears]

Update. Anything I should do?

The case is *still* dragging out. Without all the gory details, since it would be a longer novel than what I'm about to post, here's the latest, and I'm curious to know if there's anything I should be asking my attorney if he's thought of doing about this - if there's anything TO do about it.

So, the case is in Juvenile court. There is a court-appointed GAL - this is standard in Juvenile court - and the GAL works full-time for the county/court. Early on, the GAL had one interview with each of us (and with my wife/son's stepmom) in the courthouse. She asked me (don't know if she asked my ex the same) to bring any documentation I wanted to share regarding the case. I put together a file for her with:
a) email exchanges with my ex regarding each of her residential and school moves
b) email exchanges with my ex regarding our son's medical and school issues
c) our son's medical records regarding his neurobehavioral issues
d) our son's school records regarding his neurobehavioral issues

A couple of months ago the GAL had a very short home visit with each of us (parents), with our son present. Ours was a 'pleasant' visit, if you will, but I felt very 'disconnected'; meaning, I guess I just imagined her interaction would be a little deeper. She had no questions for us, spent about 15 minutes with our son in his bedroom while he showed her his favorite books and toys, didn't ask anything about anything. Didn't look at his closet to see if he had fitting clothes, our fridge to see if we had food (healthy or otherwise) for him, check a trash can, lift a toilet seat lid - nothing. These are things I would think a GAL would minimally do to really ascertain a child's true environment. I guess "what do I know...?"...but I just felt very 'incomplete' when she left. I have two friends who were GALs in the past and they agree the visit sounded very 'surface', and not at all how they worked in that capacity. Maybe different GALs follow different protocols. ?

Fastforward to now. She has not formally made a recommendation, but has 'intimated' that she will be recommending 'for mom'; she 'feels fine with both parents', and 'has no problem with dad', but doesn't see 'anything wrong with mom', so sees no reason for a change. When my attorney said, "um, what about the fact that mom has moved 9 times???", her response was, "i don't know anything about that. let me go back and look at the file."

???? I am SO disappointed in the same old same old. All you have to do is read the petition to see mom has moved every 9 months-1 year since our son was born. and changed his school every year since 1st grade. Or open the file I gave her months ago and read the first few pages of it. I even separated the file into sections - one of them entitled "Residential Moves".

***Edited to add: Also, attorney said, "um, what about the fact that mom is not medically treating him, and that she ignored and is in contempt of the judge's motion to compel her to take him to the doctor??"; to which the GAL had a response that was verbatim mom's excuse: "there was confusion over who was supposed to make the appointment". Even though: a) all you have to do is read my petition to see that mom is neglecting to medically treat our son - it's one of *the* main reasons for the current case!, and b) you can read the emails in the file I gave her demonstrate mom is neglecting his medical treatment, and c) the whole reason we had a hearing in December was because DAD filed a motion to compel MOM to **take the child to the doctor**. Unreal to me.***

Being that this is a Juvenile court, and a court-appointed GAL, do you just get what you get and don't pitch a fit? This is 6 years now of this kind of result. Not a big deal to an outsider maybe, but this wrenches my gut. I *just* *don't* *get* *it*.

Part of me is *so* tired of 'fighting' and beating my head against a wall for the same disappointing result, I almost feel like saying "whatever!" at this point and accepting the cards for what they are, however baffling and nonsensical to me right now in life. Maybe someday I'll understand why things have gone this way for so many years. Maybe there's some insane reason I don't understand right now that my son needs to grow up with his gypsy mother who sees no need to treat him medically. ???

My attorney (who is a new one by the way - long, disappointing story there as well ARGH)...tells me to not hang my hat on what the GAL is saying - and that when it comes down to it I have a case, and a good one, and that the judge is going to decide what the judge wants to decide, regardless of what the GAL is saying. The facts are the facts. And it doesn't appear the GAL wants to say anything 'not nice' about either side. It doesn't help if she recommends for mom, because it *is* an important factor in the judge's starting point and/or decision process, but he doesn't see it as a total dealbreaker with the facts in our case.

Do I just need to have some confidence in that and move forward? I know this isn't a self-help forum, but any experience in the above-type situation would be appreciated. I guess when it comes down to it I've hired who I've hired, and all I can do is trust him to lead me. Oh well - I've written it all out now - gonna post and if anyone sends any lightbulbs my way, good or bad, so be it!

Thanks.

 

[ecmst12]

A change in circumstances to justify a change in custody is a high burden to prove. Mom moving a lot doesn't really count at this point. Had you objected at the time she was planning to move 2 hours away, it might have had an impact, but at this time it's status quo. The GAL would need a compelling reason to recommend changing custody and it doesn't appear that there is one.

 

[Shears]

A change in circumstances to justify a change in custody is a high burden to prove. Mom moving a lot doesn't really count at this point. Had you objected at the time she was planning to move 2 hours away, it might have had an impact, but at this time it's status quo. The GAL would need a compelling reason to recommend changing custody and it doesn't appear that there is one.

? I did object at the time she was planning to move. She notified me she was moving in May 2011, I filed the petition for change of custody within 2 weeks of her notification, citing the impending move, the 'gypsy' lifestyle, and the medical neglect (she will not follow the pediatrician's order for therapy for our son, and he continues to go undiagnosed and untreated for behavioral conditions comorbid to definitively diagnosed ADD). She evaded sheriff's service twice, and moved before legally required 30 days had even elapsed after her notification to me. This whole case has been a nightmare - there are so many things I see my last attorney did wrong that it makes me sick For example, it has been 10 months since I filed, and my son is still living 2 hours away where he does not belong; my weekday visitation days have been hijacked; my ex has been trying to dictate the activities of the little bit of visitation I have left, and has put our son in the middle of it in conversations he should have NO part of; no transportation guidelines have been put in place - I have driven all over God's green earth and have ended up in physical therapy for the exacerbation to my degenerative disc due to the driving (not to mention there's certainly been no reduction in my CS although I now have been doing this 4-hour round trip drive 2-3 times a month for 10 months now); the little bit of medical treatment my ex *has* given our son (the medication for ADD), she has 'messed with' 4-5 times now since I filed (including at one point taking him off of it without discussing with me or even notifying me - so we weren't even following the same medication treatment at one point!!).

It's been a NIGHTMARE. And I've not been represented well legally. You get what you pay for. And I paid flat fee for an attorney friend of a friend to handle the case.

Edited to add: And I now have a new attorney, as mentioned in the previous post. And he shakes his head at the last 10 months. I'm not sure how that affects the GAL's seeming lack of even reading the petition and the documentation. ?

 

[ecmst12]

Sounds like your attorney has quite a bit of damage to undo. And the GAL will tend to support maintaining status quo without a compelling reason to change...10 months is long enough to be status quo. She doesn't necessarily know the history of what's been filed when, she is only evaluating what's going on from the child's point of view.

 

[Shears]

Sounds like your attorney has quite a bit of damage to undo. And the GAL will tend to support maintaining status quo without a compelling reason to change...10 months is long enough to be status quo. She doesn't necessarily know the history of what's been filed when, she is only evaluating what's going on from the child's point of view.

Agreed - a lot has gone wrong, and old atty allowed a status quo to be established - never should have happened.

Still not sure how she's evaluating what's going on without having read the petition or looked at his medical and school records that I provided. ? <<< This is the part I'm asking about. Her comments show she hasn't read anything in the case. Isn't that a legal issue?