Guardian Ad Litem

[WonderingGALohio]

Ohio
My ex has only seen my child 4 times in my sons 10 yrs of life. He is taking me to court for shared parenting. He asked for a GAL, the GAL does not know what to do although has stated he does not see a need for reunification between the two. Yet, the GAL has consulted with two doctors and said he doesn’t know what to do, and the doctors are not saying what to do either. The magistrate on the case doesn’t know what to do, we have been in court for two years. I also have a court order of protection against his father because of his threats toward me and my son. Any thoughts. Everyone in the system seems dumbfounded by this case.

 

[Zigner]

@Ohiogal may be able to help you...

I doubt that all the people you have indicated don't know what to do.

 

[PayrollHRGuy]

We have an Ohio GAL that is a senior member here. The tag below should bring her around.

@Ohiogal

 

[Ohiogal]

Ohio
My ex has only seen my child 4 times in my sons 10 yrs of life. He is taking me to court for shared parenting. He asked for a GAL, the GAL does not know what to do although has stated he does not see a need for reunification between the two. Yet, the GAL has consulted with two doctors and said he doesn’t know what to do, and the doctors are not saying what to do either. The magistrate on the case doesn’t know what to do, we have been in court for two years. I also have a court order of protection against his father because of his threats toward me and my son. Any thoughts. Everyone in the system seems dumbfounded by this case.

In what county and court are you located? Start there. Has it been the same court for two years? If so, what type of case is it? The order or protection protecting against his child? I am not dumbfounded but rather need more information.

 

[WonderingGALohio]

Geauga county courts, the same court all the way through, same magistrate. They reopened a divorce case so it’s under family law. The order of protection is protecting me and my son from my ex. He signed the CPL with no hesitation.

 

[Zigner]

You have a great source of advice in Ohiogal - she is a very experienced Ohio family law attorney and Guardian ad Litem. Just focus on what she has to tell you.

 

[Ohiogal]

Geauga county courts, the same court all the way through, same magistrate. They reopened a divorce case so it’s under family law. The order of protection is protecting me and my son from my ex. He signed the CPL with no hesitation.

Check back this afternoon and I will have posted a bunch of info regarding what is going on and what can be done. I am assuming the CPO is for five years. I am currently on my phone and need to be at my computer.

 

[Ohiogal]

Ohio
My ex has only seen my child 4 times in my sons 10 yrs of life. He is taking me to court for shared parenting. He asked for a GAL, the GAL does not know what to do although has stated he does not see a need for reunification between the two. Yet, the GAL has consulted with two doctors and said he doesn’t know what to do, and the doctors are not saying what to do either. The magistrate on the case doesn’t know what to do, we have been in court for two years. I also have a court order of protection against his father because of his threats toward me and my son. Any thoughts. Everyone in the system seems dumbfounded by this case.

If the CPO is still in effect then you should ask for the case to be dismissed. Or your lawyer should because with the CPO in effect, unless there is a clause allowing for him to petition for visitation, there is no contact between him and protected parties. Which would include your mutual child.

Unless he has filed a shared parenting plan spelling out everything, he cannot receive shared parenting per statute.

Doctors cannot state or recommend visitation. The only times a psychologist or psychiatrist can is if it is part of a parenting evaluation.

You could also petition to have the matter heard by the judge. The GAL should be an attorney. He should also have been given a copy of the CPO. Were there any other court orders in place for father regarding visitation prior to this go around? If so then he would need a substantial change in circumstance in the life of the child in order to change custody. If this is an initial custody determination through the court then it is based upon best interest. Which is enumerated in statute. Shared parenting is under 3109.051 ...

Those magistrates should know what to do. But have it moved to Ondrey or Paschke if this is dragging out. File a motion to do that.

For Father to get shared parenting, there cannot be a CPO involved. Father has to show that the two of you can work together and you can't do that with a CPO in place.

Is there an evidentiary hearing set? If not, demand one. This has dragged out far longer than the guidelines of the Supreme Court allow. Even for divorces they want those done in 18 months. A custody issue should be done in nine. Start with that. Does your ex have an attorney?

 

[WonderingGALohio]

If the CPO is still in effect then you should ask for the case to be dismissed. Or your lawyer should because with the CPO in effect, unless there is a clause allowing for him to petition for visitation, there is no contact between him and protected parties. Which would include your mutual child.

Unless he has filed a shared parenting plan spelling out everything, he cannot receive shared parenting per statute.

Doctors cannot state or recommend visitation. The only times a psychologist or psychiatrist can is if it is part of a parenting evaluation.

You could also petition to have the matter heard by the judge. The GAL should be an attorney. He should also have been given a copy of the CPO. Were there any other court orders in place for father regarding visitation prior to this go around? If so then he would need a substantial change in circumstance in the life of the child in order to change custody. If this is an initial custody determination through the court then it is based upon best interest. Which is enumerated in statute. Shared parenting is under 3109.051 ...

Those magistrates should know what to do. But have it moved to Ondrey or Paschke if this is dragging out. File a motion to do that.

For Father to get shared parenting, there cannot be a CPO involved. Father has to show that the two of you can work together and you can't do that with a CPO in place.

Is there an evidentiary hearing set? If not, demand one. This has dragged out far longer than the guidelines of the Supreme Court allow. Even for divorces they want those done in 18 months. A custody issue should be done in nine. Start with that. Does your ex have an attorney?

The CPO is in effect currently, 5 yr, 3 remaining. My ex’s lawyer is trying to get it removed so he can have visitation at the least. He has filed for shared parenting, but in our 2014 divorce papers I was awarded sole custody and he had no parental rights until he files..the GAL on the case has stated he doesn’t see why my ex should have any contact, because my son is happy and well taken care of, so why mess that up. But, he also has said he is unsure of what to do in this situation. I have asked for a trial several times, they keep pushing this back. I called the Ohio Supreme Court asking for help, they said there was a 9 month limitation, but it will piss off the court if they step in. My lawyer said the longer we can hold this off the better. I have had at least 8 Pretrials, where they go into the chambers, but I am not privileged to be present. My son wants nothing to do with his father, and I have never turned my son against him. I asked for an in camera interview with the GAL, that is the next step. Should I really file to see Paschke?

 

[Ohiogal]

The CPO is in effect currently, 5 yr, 3 remaining. My ex’s lawyer is trying to get it removed so he can have visitation at the least. He has filed for shared parenting, but in our 2014 divorce papers I was awarded sole custody and he had no parental rights until he files..the GAL on the case has stated he doesn’t see why my ex should have any contact, because my son is happy and well taken care of, so why mess that up. But, he also has said he is unsure of what to do in this situation. I have asked for a trial several times, they keep pushing this back. I called the Ohio Supreme Court asking for help, they said there was a 9 month limitation, but it will piss off the court if they step in. My lawyer said the longer we can hold this off the better. I have had at least 8 Pretrials, where they go into the chambers, but I am not privileged to be present. My son wants nothing to do with his father, and I have never turned my son against him. I asked for an in camera interview with the GAL, that is the next step. Should I really file to see Paschke?

Have your attorney file to have the case moved to Pashke. I am curious as to who the attorneys are. (Could you PM me their names?) The ex's lawyer should know that he has to show a substantial change in circumstances in your life or that of the child AND it must be in the child's best interests to change custody before custody can be changed. And has he filed a proposed shared parenting plan?

 

[not2cleverRed]

Have your attorney file to have the case moved to Pashke. I am curious as to who the attorneys are. (Could you PM me their names?) The ex's lawyer should know that he has to show a substantial change in circumstances in your life or that of the child AND it must be in the child's best interests to change custody before custody can be changed. And has he filed a proposed shared parenting plan?

That's assuming a certain level of competence.

Some lawyer's talk big, shouting even, willing to fight the battle, whether or not it needs to be fought. Some clients are impressed with that, even when their battle is one that should not fought.

 

[WonderingGALohio]

That's assuming a certain level of competence.

Some lawyer's talk big, shouting even, willing to fight the battle, whether or not it needs to be fought. Some clients are impressed with that, even when their battle is one that should not fought.

I trust my lawyer, his is the big shot that lies and is willing to fight as long as they get paid.

 

[Ohiogal]

That's assuming a certain level of competence.

Some lawyer's talk big, shouting even, willing to fight the battle, whether or not it needs to be fought. Some clients are impressed with that, even when their battle is one that should not fought.

Licensing is what assumes a level of competence but I agree with the rest

 

[t74]

The CPO is in effect currently, 5 yr, 3 remaining. My ex’s lawyer is trying to get it removed so he can have visitation at the least. He has filed for shared parenting, but in our 2014 divorce papers I was awarded sole custody and he had no parental rights until he files..the GAL on the case has stated he doesn’t see why my ex should have any contact, because my son is happy and well taken care of, so why mess that up. But, he also has said he is unsure of what to do in this situation. I have asked for a trial several times, they keep pushing this back. I called the Ohio Supreme Court asking for help, they said there was a 9 month limitation, but it will piss off the court if they step in. My lawyer said the longer we can hold this off the better. I have had at least 8 Pretrials, where they go into the chambers, but I am not privileged to be present. My son wants nothing to do with his father, and I have never turned my son against him. I asked for an in camera interview with the GAL, that is the next step. Should I really file to see Paschke?

OG, Please comment on the bolded. This seems like an unusual reason to deny contact to a parent; I would expect the denied parent to have committed some offense that makes him a danger to the child.

 

[Just Blue]

OG, Please comment on the bolded. This seems like an unusual reason to deny contact to a parent; I would expect the denied parent to have committed some offense that makes him a danger to the child.

There is a 5 year protection order...