Guardian ad litem vs Court Investigator

[mcwjjm]

OHIO. Can someoen explain the difference? I met with an attorney and he strongly advised I get a court orderd guardian ad litem involved in my custody case. He said that was something he could set up and that the cost would [typically] be split between both parties. I then asked him what the diffrence was between a GAL and the court ordered family assessment Court Investigator already assigned to my case. He said the GAL is an attorney whereas the court investigator is a volunteer, lacking formal education.Though they both act as a an advocate for a child who is thought to be abused or neglected. They gather information from all parties involved and present their information to the court like a GAL but can't make recommendations for services needed for the child or input about where the child will live.

This true or are the basically the same with the GAL evalaution perhaps carrying greater weight? Thanks in advance.

 

[Ohiogal]

OHIO. Can someoen explain the difference? I met with an attorney and he strongly advised I get a court orderd guardian ad litem involved in my custody case. He said that was something he could set up and that the cost would [typically] be split between both parties. I then asked him what the diffrence was between a GAL and the court ordered family assessment Court Investigator already assigned to my case. He said the GAL is an attorney whereas the court investigator is a volunteer, lacking formal education.Though they both act as a an advocate for a child who is thought to be abused or neglected. They gather information from all parties involved and present their information to the court like a GAL but can't make recommendations for services needed for the child or input about where the child will live.

This true or are the basically the same with the GAL evalaution perhaps carrying greater weight? Thanks in advance.

Its true. If you think the attorney is lying to you why are talking to the attorney. The GAL is an attorney. The Court Investigator is most likely a social worker or someone of that nature or another person who has gone through training. Not necessarily a volunteer -- they may be paid. And they are not just involved in abuse or neglect cases. They can also be utilized in custody disputes.

 

[ad1226]

Its true. If you think the attorney is lying to you why are talking to the attorney. The GAL is an attorney. The Court Investigator is most likely a social worker or someone of that nature or another person who has gone through training. Not necessarily a volunteer -- they may be paid. And they are not just involved in abuse or neglect cases. They can also be utilized in custody disputes.

A GAL doesn't have to be an attorney- a criminal background check and 6 hours of training qualifies one to be a GAL.

 

[janM]

A GAL doesn't have to be an attorney- a criminal background check and 6 hours of training qualifies one to be a GAL.

In Ohio, yes, they do have to be an attorney. Right, OG? CASA workers are trained volunteers who investigate the child's situation and help advocate for them. And I'm pretty sure it's more than 6 hours of training.

 

[ad1226]

According to the Ohio State Bar Association a GAL needs training and come "from all walks of life". Check your facts before giving out WRONG info!


http://www.ohiobar.org/pub/lycu/index.asp?articleid=264

 

[mcwjjm]

Thanks. Appreciate the info. Actually, my concern isn't whether the GAL is or is not an attorney. My queston here is do I need to file for a GAL [as the attorney recommended] if I already have a court ordered family assessment Court Investigator involved in my case? And can the family assessment Court Investigator do more than simply "take notes" and make a recomendation? Will they be at my court date? Or do I in fact need a GAL for that? I want to be thorough but don't want to duplicate protocol or pay for somethng that isn't necessary. If I understand it correctly, the investigator isn't costing me anything whereas the GAl will [with both parties splitting the cost].

If you think the attorney is lying to you why are talking to the attorney?

Not necessarily "lying". Like everyone they are not immune to giving poor advice, bending the truth or perhaps even being misiinformed. This wasn't "my attorney" but a attorney I was consulting with. I prefer to seek opinions and council from various sources before coming to a conclusion. Which I thank all of you for sharing.

 

[MichaCA]

I'll just say what I have learned from my case...not legal advice...because I have no doubt that each persons' situation works out diff in family law...however...it doesn't hurt atall to have the best attorney, best cust evaluator, best judge, best GAL, etc...you get the pic.

My received legal advise around a GAL is they are either great or horrible for our case. Period (that came from a long standing attorney...never learned if you could pick and chose which GAL worker).

In CA its been advised for our case to get a "special master'. Diff from a GAL, but not sure exactly how. I do know both parents legally have to agree before it happens. They make decisions for parents when parents cannot agree.

Childs attorney (not mentioned)

CASA worker - specifically for family law cases where there is a record of abuse or neglect.

There is a cusody/psych evaluator, who can charge parents a ton of money. I've heard of good evals and mostly the bad ones'...and I will ditto my advice from above...research and get THE best one in your area. Its invasive and thorough....and judges shoud generally place a high level of respect on their recommendations. In an expensive area, these days they can cost upwards of somewhere under $10.000 for a review and recommendation. Weigh that against how many times you think you and ex will wind up in court....$1,000 to 2,0000 a shot? And no clarity where you are headed?

Your attorney should be able to link you with the best folks...in any area...if you or he is not sure...get someone else to make the recommendations...its essential to get solid referrals, and if your attoney is not exp enough...it can be doom and unnecessary money spent on your case.

 

[mcwjjm]

There is a cusody/psych evaluator. Its invasive and thorough....and judges shoud generally place a high level of respect on their recommendations.

No exactly the same thing but similiar in my case. The child's school psycholgist and adminsitrator strongly advised / threatened the mother to have our child evaluated by a indeoendat psychologist last school year. Her psychologist found in his report that he felt our son suffered from a "shared pychotic disorder" resulting from the close association with the mother and her own delusional thoughts / processing issues. And though his report only discussed our son's condition his professional opinon is that the circumstances warrent a change in custody. He will be testifying at our court date. Thanks for sharing your experience.

 

[Ohiogal]

A GAL doesn't have to be an attorney- a criminal background check and 6 hours of training qualifies one to be a GAL.

In Ohio they are. Good grief. DO you understand the law? In Ohio GALs in Domestic Court are Attorneys. CASA GALs -- the equivalent of a court investigator -- exist and they are not attorneys. And in Ohio it is 40 hours of training to be a GAL. As well as a background check. Ask me how I know.

One other thing -- CASAs work in Dependency/neglect/abuse cases NOT domestic.

 

[Ohiogal]

In Ohio, yes, they do have to be an attorney. Right, OG? CASA workers are trained volunteers who investigate the child's situation and help advocate for them. And I'm pretty sure it's more than 6 hours of training.

Correct -- CASA GALs are trained volunteers and they do 40 hours of training.

 

[Ohiogal]

According to the Ohio State Bar Association a GAL needs training and come "from all walks of life". Check your facts before giving out WRONG info!


OSBA - Law You Can Use

YO -- You check your facts. Got it? I should know -- would you like to guess how? You are the one giving out improper information. CASA-GALs operate as volunteers but they are NOT normal GALs. Attorney GALs are normally referred to as GALs. CASA-GALs are referred to as Child Advocates/court investigators/CASAs. They require 40 hours of training. I know. Been there done that. Just spend a weekend at the Statewide CASA and GAL conference. Okay? So why don't you shush and actually know something before you start arguing with me about the reality in Ohio.

 

[Ohiogal]

I'll just say what I have learned from my case...not legal advice...because I have no doubt that each persons' situation works out diff in family law...however...it doesn't hurt atall to have the best attorney, best cust evaluator, best judge, best GAL, etc...you get the pic.

My received legal advise around a GAL is they are either great or horrible for our case. Period (that came from a long standing attorney...never learned if you could pick and chose which GAL worker).

In CA its been advised for our case to get a "special master'. Diff from a GAL, but not sure exactly how. I do know both parents legally have to agree before it happens. They make decisions for parents when parents cannot agree.

Childs attorney (not mentioned)

CASA worker - specifically for family law cases where there is a record of abuse or neglect.

There is a cusody/psych evaluator, who can charge parents a ton of money. I've heard of good evals and mostly the bad ones'...and I will ditto my advice from above...research and get THE best one in your area. Its invasive and thorough....and judges shoud generally place a high level of respect on their recommendations. In an expensive area, these days they can cost upwards of somewhere under $10.000 for a review and recommendation. Weigh that against how many times you think you and ex will wind up in court....$1,000 to 2,0000 a shot? And no clarity where you are headed?

Your attorney should be able to link you with the best folks...in any area...if you or he is not sure...get someone else to make the recommendations...its essential to get solid referrals, and if your attoney is not exp enough...it can be doom and unnecessary money spent on your case.

And none of this is relevant in OHIO. You are in CA. Do you understand Ohio? yes or no? Have you done any research on Ohio? Please quite posting. PLEASE.

 

[Ohiogal]

No exactly the same thing but similiar in my case. The child's school psycholgist and adminsitrator strongly advised / threatened the mother to have our child evaluated by a indeoendat psychologist last school year.

The child's school psychologist can do NO SUCH THING. And if you are dad why didn't you have it done?

Her psychologist found in his report that he felt our son suffered from a "shared pychotic disorder" resulting from the close association with the mother and her own delusional thoughts / processing issues. And though his report only discussed our son's condition his professional opinon is that the circumstances warrent a change in custody. He will be testifying at our court date. Thanks for sharing your experience.

Her psychologist should not have been diagnosing the son. Conflict of interest. Do you also have a psychological evaluation that has been done?

 

[Ohiogal]

Thanks. Appreciate the info. Actually, my concern isn't whether the GAL is or is not an attorney. My queston here is do I need to file for a GAL [as the attorney recommended] if I already have a court ordered family assessment Court Investigator involved in my case? And can the family assessment Court Investigator do more than simply "take notes" and make a recomendation? Will they be at my court date? Or do I in fact need a GAL for that? I want to be thorough but don't want to duplicate protocol or pay for somethng that isn't necessary. If I understand it correctly, the investigator isn't costing me anything whereas the GAl will [with both parties splitting the cost].



Not necessarily "lying". Like everyone they are not immune to giving poor advice, bending the truth or perhaps even being misiinformed. This wasn't "my attorney" but a attorney I was consulting with. I prefer to seek opinions and council from various sources before coming to a conclusion. Which I thank all of you for sharing.

I would have a GAL on the case as I honestly believe they work towards the best interest of the child and they give the child a voice in court without the child coming to court. The investigator does an overall investigation and doesn't necessarily speak for the best interest of the child specifically.

 

[mcwjjm]

The child's school psychologist can do NO SUCH THING.

It was recommended to us [by school adminsitration] that the child's school psychologist test our son - we both agreedm - so I'm not sure what you disagree with here. We all agreed our son was having academic / emotional problems but none of us could pin point why. Speaking for myself, I was more than willing to have him tested.

And if you are dad why didn't you have it done?

At the time I didn't have parental rights to make those decisions. I did step out of bounds once and made a appointment for him with Children's hospital even though I had no legal right to do so. Of course, mom never kept that appointment after she said she would. Subsequent appts to schedule were refused. I realize I should have established parental rights, just answering why I didn't make the appt myself. I knew I couldn't get her to listen to me so I had the school threaten legal action and it worked.

I would have a GAL on the case as I honestly believe they work towards the best interest of the child and they give the child a voice in court without the child coming to court. The investigator does an overall investigation and doesn't necessarily speak for the best interest of the child specifically.

Thanks you, this along with the other info address my question.

Her psychologist should not have been diagnosing the son. Conflict of interest. Do you also have a psychological evaluation that has been done?

When I said "her psycholoigist" I meant the one she found for our son, he's a children's psychologist. Yes, we now have two psych evaluations. One showng him suffering from clinical depression and another where he was diagnosed with a "shared pychotic disorder". My point is that the doctor she chose is the one that found her to be the root of our son's disorder.