Change in Guardian Ad Litem

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio I learned our children's mother was pursuing a change in their GAL because of dissatisfaction in how she handled our case in which she was denied a change in custody. The GAL was forced to issue a warrant for her arrest due to non-payment and she was eventually arrested, so it's no surprise why she might seek a change in their representation.

It was noted in our court papers that the GAL would remain on the case should further preceding's arise and it was my understanding a change in representation [new GAL] for the minors is rather uncommon. After hearing this we exchanged correspondence and she said the other party hired a [new] attorney and he indicated he would most likely be moving the court to remove her as guardian. She further stated that she hasn't been served with any motions but that she stated that if removal was pursued she may consider voluntarily not being involved because she doesn't believe it is in the children's best interest to have litigation focusing on whether or not she should be a guardian when the focus should be on their best interests.

Is it possible for me to petition the courts to have her remain as their GAL? Because she is familiar with our case I would prefer she remain on board so we don't have to repeat the same process' we've already covered. She's made comments to the effect the GAL has mis-handled the case and seeing the GAL motioned in my favor I'm not surprised by her request but how common is it for the GAL to step aside simply because one party is not satisfied with the outcome / manner in which the case was handled? I get the impression that perhaps the GAL is [now] bailing rather than deal with the scrutiny. TIA.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio I learned our children's mother was pursuing a change in their GAL because of dissatisfaction in how she handled our case in which she was denied a change in custody. The GAL was forced to issue a warrant for her arrest due to non-payment and she was eventually arrested, so it's no surprise why she might seek a change in their representation.

It was noted in our court papers that the GAL would remain on the case should further preceding's arise and it was my understanding a change in representation [new GAL] for the minors is rather uncommon. After hearing this we exchanged correspondence and she said the other party hired a [new] attorney and he indicated he would most likely be moving the court to remove her as guardian. She further stated that she hasn't been served with any motions but that she stated that if removal was pursued she may consider voluntarily not being involved because she doesn't believe it is in the children's best interest to have litigation focusing on whether or not she should be a guardian when the focus should be on their best interests.

Is it possible for me to petition the courts to have her remain as their GAL? Because she is familiar with our case I would prefer she remain on board so we don't have to repeat the same process' we've already covered. She's made comments to the effect the GAL has mis-handled the case and seeing the GAL motioned in my favor I'm not surprised by her request but how common is it for the GAL to step aside simply because one party is not satisfied with the outcome / manner in which the case was handled? I get the impression that perhaps the GAL is [now] bailing rather than deal with the scrutiny. TIA.

I don't think that you can force the GAL to continue to be involved if the GAL chooses not to fight the removal. However, if the current GAL came to valid conclusions a new GAL would be unlikely to see things any differently.

 

[mcwjjm]

I don't think that you can force the GAL to continue to be involved if the GAL chooses not to fight the removal. However, if the current GAL came to valid conclusions a new GAL would be unlikely to see things any differently.

Is it true [just asking] the decision would be with the magistrate to grant the motion for a change based on the petition from neither side. Would it be premature if I were to present my case to the magistrate before she receives their motion / comes to her decision? Or should I wait until that action has been put forth / decision rendered?

FYI, all I've heard from the other party is a lot of talk about securing a new attorney but I haven't actually been contacted by new legal council. My argument is that I would prefer to not burden the courts with a repetition of steps that have already been completed [GAL investigation / letter of recommendation] and the subsequent court costs imposed.

I just find it very odd that the GAL was very specific about wanting me to keep her "in the loop" on any new developments [after our last court date] and now her assistent has informed me that since the case is inactive I should contact her when and if there is new activity in the form of motions submitted.

Seeing the GAL was forced to issue a warrant for non-payment is that a common reason to then ask to be removed from a case?