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Old 02-12-2002, 12:58 PM
jli
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child emotional damage


My daughter has had a court appointed guardian for the past 8 years. I have made this attorney aware of events that have occured while my daughter is with her father. All of these events were brushed off and ignored. My daughter is now 17, still living with her father (because he is controlling and possessive), and is emotionally distraught. She has run away from his home and has tried to commit suicide. I reported some incidents to Children and Youth and all the incidents to the guardian.

The court system has recycled us through the process 4 times because it keeps changing and we have to start over as though custody issues just started. It's been 10 years now!

Am I able to sue the attorney who was supposed to be the child advocate for emotional damages to my daughter that could have been prevented if she did her job? Can I do anything about the court system and their part in this mess? This is in the state of PA.
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Old 02-17-2002, 12:13 PM
dorenephilpot
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Guardians ad litem are pretty much free to do whatever they want. Like judges, they can be found liable for the results of their actions/inactions only in extreme circumstances.

The fact that you do not like the recommendations and decisions that have been made does not qualify as an extreme circumstance.

Proving causation is another problem. Were her problems caused by the GAL and the court -- or by you and your ex? Or by none of the above? It's difficult, if not impossible, to show causation for any emotional injuries such as the ones you describe.

Spending your energy on trying to make your child whole, such as through counseling, might be a better use of your time/energy/emotion.

Best of luck to you.
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