GAL Issues

[WoosterGal]

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

I am currently in the middle of a custody battle with my son's father. I am having issues with the GAL that was assigned to my son. After the first home study, the GAL has been significantly biased. If it were just that, I would not have as much of an issue. But at our last hearing in December, the GAL gave her report, and told several lies during her testimony. A few were outright blatant lies, that I can produce proof they were lies. A couple, while still lies, may have been from her not doing adequate research into what she was testifying about. A few of the more detrimental lies were about the last home study she had done with me right before that court date. But because of her testimony, my visitation went from a 50/50 split with my son's father, to me getting him twice a week with no over nights.

The GAL has set up a home study with me for this Thursday. When her secretary set the appointment up with me, I let her know to make her boss aware that I would be taking video/audio documentation of the home study, and a witness would be present. She contacted my lawyer about concerns with this, and then sent my lawyer a letter that she would not consent to the documentation of the home study or the witness. While I do not want to seem uncooperative, I let the GAL and my lawyer know that if there is no documentation, I would not be consenting to this home study.

I have asked my lawyer to file to have the GAL removed, due to her being biased and the lies on the stand (again, I have proof), but my lawyer flat out refused because she said the GAL is "well respected" in our community.

I want to know if there are specific laws that would prohibit me from the video/audio documentation of the home visit, or having a witness present. Again, I am not wanting to be uncooperative, but I do not want to put myself in another situation with her where it can turn into a "he said, she said".

Also, if my lawyer is refusing to file for the removal of the GAL for me, is there anything I can do?

I am mainly posting on here because I am losing a good deal of faith in my lawyer, and will have to find a way to come up with another retainer if I need to switch attorneys. I lost an appeal to the December decision because of something my lawyer should have known/done. The December decision was made based only off the testimony of the GAL (my lawyer and his lawyer got to ask her a few questions). My lawyer and I did not get to present any evidence before the decision. My lawyer appealed, and it was denied because my lawyer did not object to the ruling at the hearing in regards to us not being allowed to present evidence, AND that neither my lawyer or I did not tell the court we wanted to present evidence. I had no idea I could speak up, and my lawyer only told me that the judge was allowed to make his decision without us giving evidence when I brought this up to her.

Sorry about the long post. But I need to find out about the rules on the documentation/witness and/or what I can do in regards to the GAL.

 

[Ohiogal]

He appealed in DECEMBER of 2014? No he didn't. I can guarantee he didn't appeal in December 2014. You wouldn't have an answer by now if he had.

What type of lies were told? What things did the GAL get wrong?

 

[Proserpina]

It would appear that your definition of "appeal" differs from OP's use of the word.

I think I know where she's going with this. And if I'm right, the GAL needs to be removed and removed quickly.

 

[Ohiogal]

It would appear that your definition of "appeal" differs from OP's use of the word.

I think I know where she's going with this. And if I'm right, the GAL needs to be removed and removed quickly.

My definition of appeal is that which the Ninth District uses. I won't say that the GAL needs removed. At least, not until the OP can explain in specific examples what were the lies and biases, then there is no way I can apply statute/rules as to why should a GAL be removed. Maybe she needs new counsel instead. There are many possibilities.

 

[Just Blue]

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

I am currently in the middle of a custody battle with my son's father. I am having issues with the GAL that was assigned to my son. After the first home study, the GAL has been significantly biased. If it were just that, I would not have as much of an issue. But at our last hearing in December, the GAL gave her report, and told several lies during her testimony. A few were outright blatant lies, that I can produce proof they were lies. A couple, while still lies, may have been from her not doing adequate research into what she was testifying about. A few of the more detrimental lies were about the last home study she had done with me right before that court date. But because of her testimony, my visitation went from a 50/50 split with my son's father, to me getting him twice a week with no over nights.

The GAL has set up a home study with me for this Thursday. When her secretary set the appointment up with me, I let her know to make her boss aware that I would be taking video/audio documentation of the home study, and a witness would be present. She contacted my lawyer about concerns with this, and then sent my lawyer a letter that she would not consent to the documentation of the home study or the witness. While I do not want to seem uncooperative, I let the GAL and my lawyer know that if there is no documentation, I would not be consenting to this home study.

I have asked my lawyer to file to have the GAL removed, due to her being biased and the lies on the stand (again, I have proof), but my lawyer flat out refused because she said the GAL is "well respected" in our community.

I want to know if there are specific laws that would prohibit me from the video/audio documentation of the home visit, or having a witness present. Again, I am not wanting to be uncooperative, but I do not want to put myself in another situation with her where it can turn into a "he said, she said".

Also, if my lawyer is refusing to file for the removal of the GAL for me, is there anything I can do?

I am mainly posting on here because I am losing a good deal of faith in my lawyer, and will have to find a way to come up with another retainer if I need to switch attorneys. I lost an appeal to the December decision because of something my lawyer should have known/done. The December decision was made based only off the testimony of the GAL (my lawyer and his lawyer got to ask her a few questions). My lawyer and I did not get to present any evidence before the decision. My lawyer appealed, and it was denied because my lawyer did not object to the ruling at the hearing in regards to us not being allowed to present evidence, AND that neither my lawyer or I did not tell the court we wanted to present evidence. I had no idea I could speak up, and my lawyer only told me that the judge was allowed to make his decision without us giving evidence when I brought this up to her.

Sorry about the long post. But I need to find out about the rules on the documentation/witness and/or what I can do in regards to the GAL.

Please answer the questions OhioGAL asked. She is a GAL and Attorney in Ohio.

 

[Proserpina]

My definition of appeal is that which the Ninth District uses. I won't say that the GAL needs removed. At least, not until the OP can explain in specific examples what were the lies and biases, then there is no way I can apply statute/rules as to why should a GAL be removed. Maybe she needs new counsel instead. There are many possibilities.

Let me try again.

You have the correct interpretation of "appeal". However, the OP may have used the term to describe, for example, the attorney trying to plead or appeal verbally just after the hearing.

The End.

 

[janM]

Doesn't Wayne county (I assume OP is there) have something called an "objection" to the judge's ruling?

 

[WoosterGal]

Sorry for my replies to all of these being late. I worked a 12 hour shift today, and am just now getting to see the replies to my thread.

To Ohiogal...our court date, where the GAL lied on the stand, was mid-December. We were told we had 14 days to appeal the decision. My lawyer filed. But, I guess appeal would be the wrong word, I guess. My lawyer filed a "objection to the Magistrate's decision", which got denied. In the letter from the court, they stated that my lawyer should have been treated as a motion to set aside the Magistrate's decision, instead of an objection. It makes note that the GAL testified, and that both our attorneys cross examined.

It further states "Counsel for Mother did not object or ask at that time to present any evidence. As courts have held in cases such as In re Ohm, 2005-Ohio-3500, if a magistrate is not aware that a litigant wishes to present evidence, it is reasonable for him or her to conclude the litigant does not wish to present evidence. If a litigant wishes to present testimony, the court must be made aware of this fact. This court finds that Mother had ample opportunity during the hearing to inform the magistrate that she wanted to present evidence".

The items that the GAL lied about:

The last home study the GAL did with me was a bit over a week before the December court hearing. At that time, I was living in a roommate situation (yes, I know it's not ideal). The GAL told the court that when she arrived, the first thing we did, was tell her she was not allowed in my roommates' room (husband and wife). We did not deny her access. We only told her we kept the doors shut to keep my son (age 3) from going in there. She told us she did not need to see it. I showed her the rest of the place. Twice, the wife roommate asked her if there was anything else she wanted to see. The GAL said no, that it was all a formality she was required to do. She was there less than 10 minutes. She also told the court the place was extremely small, there was very little room in the living room (ye, my son had enough room to put out his whole Thomas train track and his wooden one). That she felt the place was too small for a toddler, and that the place had a strong urine smell...which is did not, and there were no animals present in the household. She tried to say she felt my roommates were a danger to my son (they have no criminal records, no drug/alcohol use, have full time jobs, etc) and that I was being a bad mother by rooming with strangers to my son (they have known my son since he was 9 months old, and he constantly asks me where they are).

The GAL told the court I turned down a job when I was in no position to do so. It was not even a job offer, and they turned me down. Both my lawyer and I corrected her on this several times before the December court date. And yes, I have full time employment now.

She lied about the daycare center I was using. I am not sure if this was purposefully, or she just did not do adequate research. She said when she visited, that while my son appeared to be having fun with the other kids, he was so small, and so small compared to the other kids in the 3-5 year-old group they had him in. And that the center cared for close to 200 kids, and she felt that was way to many, and unacceptable. She also testified that the kids were playing outside, and that she felt my son was not appropriately dressed for the weather. Again, she was not there even 10 minutes (this is what the daycare owner told me). My son is in the 75% for his height/age, and was in the 2 1/2-3 year old group when she visited, and he was the tallest one in the group. The daycare owner also said my son was dressed appropriately, and if he hadn't been, she would have called me and required I bring appropriate clothing. Also, the days care is only licensed to have 61 kids on site, at any given time...this is listed on the local J&FS site for them, and on their own website.

She stated that I was not thinking of what was in the best interests of my child, as I removed him from his babysitter/daycare being his paternal grandmother to using a daycare facility. The biggest reason I was using daycare on my days, is because I want him to have social interaction with other children, that he was not getting in his grandmother's care. The GAL told me this did not matter because he would be in preschool soon enough. It was not my only reason for switching to daycare. The daycare is in the city I live, and where I worked at the time. The paternal grandmother is about a 30 minute drive. Using the grandmother would add an additional hour of travel for both of us (me and my son) in the morning, and extra time at night. The GAL said she did not care about our time, as my job at the time was only giving part time hours. The GAL stated I chose that daycare center because they were open 24/7, and that I was planning on leaving him there over night when I would be starting my upcoming full time job, and she saw no reason for that. Which, was a lie. At that time, I was receiving child care help from J&FS. They only help you with child care for times you are working. My upcoming full time job (the one I have now) is a day job. And now, with my current job, my job is about a 30-40 minute south of where I live, and the paternal grandmother lives 30 minutes east of where I live. So, each morning would have consisted driving 30 minutes East to drop my son off, 30 minutes West to get back to my city (unfortunately, no "direct" route between paternal grandmother and work), then 30-40 minutes South to work. And then this, in reverse, in the evenings.

There was a topic brought up, which she testified the father had no knowledge of. I gave her info, that if she had looked into it, would have shown he was aware of. I also talked to my son's father, and he said he did not tell her he had no knowledge.

I am trying to think of more examples of the lies, and there are more, but my brain is a bit tired. My current job is awesome enough that they work around my current visitation schedule with my son, so they give me the days I have him off...and I have been working many 12-hours to make up for having those days off.

I did have other issues outside of her lies on the stand in December. When the GAL was assigned, we were required to give her witnesses/references to call in regards to myself, my son, and the other parent. The GAL was assigned back in August. She submitted her initial report in November. She had not contacted any of the names I gave her before she submitted the report in November. For our court date in mid-December, she was required to file any additional report info no less than 7 days before the court hearing. She finally started calling the names on my list two days before her final/updated report was due.

When she did finally contact those named, she only asked one or two questions in regards to my personality or my interactions between me and my child. She asked them questions about my work and living situations, and asking them for details they would not have know. She also asked every single one of them if they were aware I turned down the job I was in no position to turn down (again, no job offer, and they technically turned me down).

 

[WoosterGal]

To Proserpina and Ohiogal:

I had raised issues/concerns I had with the GAL, to my lawyer, before the GAL lied on the stand in mid-December. My lawyer said she would look into the process of doing so, but was not sure we should because the GAL in question is well respected in our area.

After the mid-December hearing, I asked my lawyer to file to have the GAL removed. My lawyer flat our refused. Part, because my retainer was running low, and she felt it would be a waste of what I had left. And again, part because this GAL is well respected around here.

There have been other issues, not related to the GAL, that I have wanted my lawyer to look into or press. But she would steer me away from doing so to "conserve" my retainer. Things like my son's father having violated our shared parenting plan on one occasion. He even had the nerve to offer me money if I would give up my part of our shared custody of our son to him, and I refused...and did so in an email. I let the GAL know of these things, along with my lawyer, but nothing come of it.

Problem is, I was barely able to scrape together the retainer for the current lawyer I have, and had to borrow a bit of it. I am either really low on my retainer left, or possibly now owing them money (I have to wait for this next month's invoice). I have wanted to get a new lawyer, and others think I should get a new one too...but I do not have the money for another retainer, right now.

 

[WoosterGal]

Also...

Sorry for so many replies. But in regards to finding another lawyer. I had first sought out help through legal aid in my area. I was denied by them, and the reason I was denied...I was told that they only handle the custody cases if they are also attached to a divorce case in progress. My son's father and I were never married. And even if we had been, this is not our first (initial) custody hearing...so it still would not have been attached to an ongoing divorce case.

 

[WoosterGal]

Sorry, one more thing...

One of the more URGENT things I need advice on was my original question about the audio/video and/or witness in regards to the home study. I hope some of you see this before it hits that time. My home study is today (Thursday, January 29th) at 2p.

I am still wondering on the legality of wanting there to be audio/visual documentation and/or a witness. As much as I do not want to appear noncooperative, I do not trust her. She is now aware I have issues with her too, so I am afraid of not having some type of evidence to back up anything said/done during the home study.

I had the GALs secretary let the GAL know I was requiring that I would be audio/visual documenting our home study and having a witness present. She emailed my lawyer, expressed her concerns, was "surprised" as to why I would be requiring this, and said she would look into the laws. The GAL then emailed my lawyer back and told her she would not be consenting to me doing any type of documentation, or have a witness present...and said she was sorry if I felt I was being treated "unfairly". She also urged my lawyer to press me to do the home visit, and stressed its importance. I told my lawyer that I am not having an issue with fairness, I am having an issue with the GALs lies, and because of them, I did not have any desire to put myself into any further situations with the GAL that could only turn into "he said, she said" situations. And thus, why I want some type of documentation or evidence. The GAL said there being a witness present would break some rule about her not discussing the case with a 3rd party.

I even tried negotiating with the GAL. I offered to allow her to come see my residence (my own place) with a witness present, I would drop the audio/visual documentation, and we would discuss ONLY things related to my residence...so she would not be discussing any case pertinent information with a 3rd party. And that any other information/questions she wanted to ask me could be done through email or a meeting with my lawyer present. She said she refuses to negotiate with me on any terms in regards to doing the home study, and that if I did not let her do the home study I would look noncooperative, it would look bad in court and weigh heavily against me...and if I did refuse to allow her to do the home study on her terms, she would go to the court and seek judicial intervention so I would legally have to comply.

So...what are my options? I feel like I'm screwed either way. I get a bad feeling there will be more lies and things that might be hard to dispute if I go in with no way to cover my butt. But, I also feel like it could appear very bad in court if I do not let her come today.

Thoughts? Suggestions?

 

[Proserpina]

One of the more URGENT things I need advice on was my original question about the audio/video and/or witness in regards to the home study. I hope some of you see this before it hits that time. My home study is today (Thursday, January 29th) at 2p.

I am still wondering on the legality of wanting there to be audio/visual documentation and/or a witness. As much as I do not want to appear noncooperative, I do not trust her. She is now aware I have issues with her too, so I am afraid of not having some type of evidence to back up anything said/done during the home study.

I had the GALs secretary let the GAL know I was requiring that I would be audio/visual documenting our home study and having a witness present. She emailed my lawyer, expressed her concerns, was "surprised" as to why I would be requiring this, and said she would look into the laws. The GAL then emailed my lawyer back and told her she would not be consenting to me doing any type of documentation, or have a witness present...and said she was sorry if I felt I was being treated "unfairly". She also urged my lawyer to press me to do the home visit, and stressed its importance. I told my lawyer that I am not having an issue with fairness, I am having an issue with the GALs lies, and because of them, I did not have any desire to put myself into any further situations with the GAL that could only turn into "he said, she said" situations. And thus, why I want some type of documentation or evidence. The GAL said there being a witness present would break some rule about her not discussing the case with a 3rd party.

I even tried negotiating with the GAL. I offered to allow her to come see my residence (my own place) with a witness present, I would drop the audio/visual documentation, and we would discuss ONLY things related to my residence...so she would not be discussing any case pertinent information with a 3rd party. And that any other information/questions she wanted to ask me could be done through email or a meeting with my lawyer present. She said she refuses to negotiate with me on any terms in regards to doing the home study, and that if I did not let her do the home study I would look noncooperative, it would look bad in court and weigh heavily against me...and if I did refuse to allow her to do the home study on her terms, she would go to the court and seek judicial intervention so I would legally have to comply.

So...what are my options? I feel like I'm screwed either way. I get a bad feeling there will be more lies and things that might be hard to dispute if I go in with no way to cover my butt. But, I also feel like it could appear very bad in court if I do not let her come today.

Thoughts? Suggestions?

I'm going to be perfectly blunt with you. I think there IS actually a very good chance that the GAL is acting inappropriately. Unfortunately, with today being your appointment, I'm really not sure what might help. Being honest usually doesn't backfire though.

Ohiogal is an attorney and GAL. She may want to add to your thread.

 

[Ohiogal]

One of the more URGENT things I need advice on was my original question about the audio/video and/or witness in regards to the home study. I hope some of you see this before it hits that time. My home study is today (Thursday, January 29th) at 2p.

I am still wondering on the legality of wanting there to be audio/visual documentation and/or a witness. As much as I do not want to appear noncooperative, I do not trust her. She is now aware I have issues with her too, so I am afraid of not having some type of evidence to back up anything said/done during the home study.

I had the GALs secretary let the GAL know I was requiring that I would be audio/visual documenting our home study and having a witness present. She emailed my lawyer, expressed her concerns, was "surprised" as to why I would be requiring this, and said she would look into the laws. The GAL then emailed my lawyer back and told her she would not be consenting to me doing any type of documentation, or have a witness present...and said she was sorry if I felt I was being treated "unfairly". She also urged my lawyer to press me to do the home visit, and stressed its importance. I told my lawyer that I am not having an issue with fairness, I am having an issue with the GALs lies, and because of them, I did not have any desire to put myself into any further situations with the GAL that could only turn into "he said, she said" situations. And thus, why I want some type of documentation or evidence. The GAL said there being a witness present would break some rule about her not discussing the case with a 3rd party.

I even tried negotiating with the GAL. I offered to allow her to come see my residence (my own place) with a witness present, I would drop the audio/visual documentation, and we would discuss ONLY things related to my residence...so she would not be discussing any case pertinent information with a 3rd party. And that any other information/questions she wanted to ask me could be done through email or a meeting with my lawyer present. She said she refuses to negotiate with me on any terms in regards to doing the home study, and that if I did not let her do the home study I would look noncooperative, it would look bad in court and weigh heavily against me...and if I did refuse to allow her to do the home study on her terms, she would go to the court and seek judicial intervention so I would legally have to comply.

So...what are my options? I feel like I'm screwed either way. I get a bad feeling there will be more lies and things that might be hard to dispute if I go in with no way to cover my butt. But, I also feel like it could appear very bad in court if I do not let her come today.

Thoughts? Suggestions?

The GAL is wrong. Ohio is a one party state. And you can have anyone you want with you at the home visit. And as a GAL, she shouldn't be discussing her investigation with you.

 

[WoosterGal]

Ohiogal

The GAL is wrong. Ohio is a one party state. And you can have anyone you want with you at the home visit. And as a GAL, she shouldn't be discussing her investigation with you.

Ok. I can only share the messages sent from the GAL to my lawyer (as my lawyer did forward those to me), but I do not have the correspondence that my lawyer sent the GAL. I am copying and pasting what was sent to me, the only change will be removing identifying names.

This was her message to my lawyer about my initial requirement/request for the audio/visual and witness...

I have a home visit scheduled with your client for Thursday, January 29, 2015 at 2:00 p.m. However, your client is insisting that she videotape and audio record the home visit as well as have a witness. Please advise your client that I will not consent to video and audio recording nor a witness. I do advocate for her son's best interest and do not feel it appropriate for her to have third party's present. In fact, I am not permitted to speak about the case to uninvolved individuals. I am not sure why any of this is necessary. I would simply like to look at her new home and talk with [Mother]. If there is some particular concern that would warrant a change in the way I do my investigation, please advise. Otherwise, I would expect your client to cooperate.

My lawyer counseled me to drop the requests and comply with the GAL. She said not allowing the GAL to do the home study could lead down a slippery slope, and that the GAL could not make any custody recommendations in my favor if the GAL does not get to see my new place. I brought up to my lawyer again that the GAL lied on the stand and has been biased, and that I no longer trust the GAL.

This is the next message from the GAL to my lawyer...

I really do not understand it. Am sorry she feels she has been treated unfairly. But, ball is in her court. I will plan to do visit but may terminate home visit if she does not comply. I was optimistic about her new home and job and was hoping for a change in her situation , especially for [child].

I then wrote the GAL, copied the email to my lawyer, where I offered the compromise of me dropping the audio/visual documentation if she allowed my witness to be present and we spoke only about my residence while the GAL was here...and any further questions/conversation could be done through email and/or a meeting with my lawyer.

This was the GAL's response to my email...

It is important that I view your residence, as I am mandated to do so. I am not willing to negotiate the terms of a home visit, meetings and/or discussions. I have received your position, in writing, and have considered same. In reviewing the rules which govern my duties, I do not believe I may discharge my duties under the watchful eye of one party's chosen "witness" as confidentiality is required. Please feel free to provide any information you wish for me to consider, but understand, that if we do not have a dialogue concerning matters that would likely impact [child], the weight given to the information will be affected. The inability to conduct a home visit may lead to a negative inference or further legal action. I will not be attending the home visit under your "rules". Of course, should I seek judicial intervention, your attorney will receive notice.

So, this is where I am stuck in regards to today, and the home visit. Thoughts? Advice?

 

[WoosterGal]

Again, to Ohiogal

The GAL is wrong. Ohio is a one party state. And you can have anyone you want with you at the home visit. And as a GAL, she shouldn't be discussing her investigation with you.

There have been a few comments she made that I felt were inappropriate for her to make during various "meetings" I had had to attend with her. All of these meetings were her and I alone. The only time there was someone present, it was the husband and wife roommates where I was living in December. The GAL only stayed for less than ten minutes, and then she required us to go somewhere else so we (her and I) could have a conversation. She had us meet at McDonalds.

But, to some examples of the comments...

During my first home study back in August, the GAL made a comment about how she was having a hard time scheduling a first home study with my son's father. I told her that he works during the day (9a-5p) each week. She said "So do I, but he should realize how important this is".

During another one of my meetings with her, she commented to me how my son's father would sometimes not get off work until 6p or after, giving him maybe an hour or so with our son before his bedtime (on the nights he had our son), and how she felt this was not appropriate.