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WoosterGal

Junior Member
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.
Well, unfortunately I have been honest in every dealing I have had with the GAL to date, and that did not stop her from lying on the stand. Which is why I am hesitant to go into any other contact with the GAL where it is just me and her. If she chooses to lie about anything else, it is me again her, and she is "well respected" around here.

It sucks that my appointment is today, and I have no idea what to do. My lawyer is also away for a continuing education conference thing. I just have a bad feeling about either of the two decisions I have for today. If I let her come on her terms, I feel there is going to be some issue arising from it. If I do not let her come, I look uncooperative and it could look bad in court.
 


WoosterGal

Junior Member
Just some other details...

I figured I would share a few other details to the case, as I have made mention to them, only barely, in previous posts.

You will see the GAL had said she was wanting to talk to me about my new job and new place, and how it is an improvement over my previous circumstances.

In the job situation...My last job, I was employed from September of 2013 until January 2015. The job was supposed to turn full time after I took it, and it never did. They never gave me full time hours, and my hours would average 18-30 a week. This is not enough to be able to bills and raise a child. Shortly after I realized they probably were not going to follow through with giving me full time hours, I started searching for a new job. I feel I killed a small forest putting in resumes and applications. I was having no luck. I had a few interviews, but nothing else. The few times I could get an answer as to why I was not selected, I got the "under/over qualified", or the "We reviewed all the applicants and chose the best fit". However, because a part time job is better than no job, I stayed at my last job until I was able to get my current full time job...even though they had give me plenty of reasons to want to say screw it and quit. But...I do now have full time employment.

My housing situation...I was living in my own place at the start of the custody battle. But due to my job only giving me part time hours, and my savings getting depleted because of it, I could no longer afford to stay at the place I was living. My other options in this area were only slightly less expensive. Because I did not have the funds for another place, I moved in with my mother. My son had his own room there. But the GAL had issue because my mother smokes. I did not like it either, but my mother smoking is better than homeless. But, my mother is also suffering early onset alzheimers. One evening, she kicked me out over an ash tray she accused me of stealing (I do not smoke, and she found it later). Because I had no other options, I had to go to our local woman's shelter for a short stint. After that, my only feasible option at that time, was a roommate situation as I was still at my prior job that was giving me only part time hours. The GAL had issue with this stating that me having roommates was not showing that I was being independent and that if my roommates got upset, they could kick me out at any time. How is me splitting bills with them not being independent? And I was also going to be added to their lease, so they could not just kick me out. I am now in my own place again. My son has his own room, and he also has plenty of space to play...and a good sized back yard.

Also, because of a small bout of post partum depression I had after my son was born, and because the GAL heard from someone that I am an alternative religion, she asked the court for a psychiatric evaluation. I complied, and it came back very positive for me. The post partum depression was mild, short in duration, and there were no serious issues with it (I was not lashing out, no violence, no suicide attempts or thoughts)...the only concern my doctor had was that I was not eating very much. I was not even prescribed any medications for it, and I saw a counselor for a short period of time to deal with the stress/anxiety coming from the post partum.
 

Ohiogal

Queen Bee
Did the GAL actually state that you should have a psychiatric evaluation because you are of an alternate religion?
And there is so much wrong here that I have no words for some of it.
 

WoosterGal

Junior Member
Did the GAL actually state that you should have a psychiatric evaluation because you are of an alternate religion?
And there is so much wrong here that I have no words for some of it.
No. She asked for the psychiatric evaluation because of the short bout of post partum. But, when I went for the evaluation, the doctor doing the evaluation let me know that the GAL has raised concerns about my alternative religion, and wanted it included int he evaluation. My lawyer did not object to the evaluation, as she felt it would buy us more time. And I did not object because I knew it would not be an issue.
 

stealth2

Under the Radar Member
Seems to me that your lawyer would be the perfect "witness" to the visit. Not an "uninvolved party", nor would her (?) presence violate confidentiality. I don't know if she's available.

In terms of how your retainer is used. Uumm... it's your money. She can advise you of better ways to utilize thsat resource, but...
 

WoosterGal

Junior Member
And...now what?

I did write an email back letting the GAL know that Ohio is a one party in regards to video/audio recording, and that I am legally allowed to have someone at my home study. She wrote back that she will not be coming to do the home study.

What should I do? What should I document? (obviously, I have the emails between my lawyer and I, and also the emails between the GAL and I). I just want to make sure I am covered, things are documented, etc.
 

WoosterGal

Junior Member
Seems to me that your lawyer would be the perfect "witness" to the visit. Not an "uninvolved party", nor would her (?) presence violate confidentiality. I don't know if she's available.

In terms of how your retainer is used. Uumm... it's your money. She can advise you of better ways to utilize thsat resource, but...
My lawyer is not available today, as she is at some continuing education thing. Problem is, if I have to use my lawyer, that is putting a burden on me. As mentioned, my retainer is running dangerously low. For my lawyer to be here, I have to pay for her time, and that would also include travel time to/from my place in addition to the time she is here. Her travel to my place would be 30 minutes one way. After all is said and done, it would be several hundred dollars.

And with the retainer usage. There were other things I wanted her to press, she did not want to because she wanted me to conserve my retainer. I asked her to remove the GAL, she outright refused. I really do want another lawyer, but I probably would not have the money for a retainer. I cannot get help through legal aid. And if I knew the legal system well enough, I wouldn't need a lawyer. :(
 

stealth2

Under the Radar Member
My lawyer is not available today, as she is at some continuing education thing. Problem is, if I have to use my lawyer, that is putting a burden on me. As mentioned, my retainer is running dangerously low. For my lawyer to be here, I have to pay for her time, and that would also include travel time to/from my place in addition to the time she is here. Her travel to my place would be 30 minutes one way. After all is said and done, it would be several hundred dollars.

And with the retainer usage. There were other things I wanted her to press, she did not want to because she wanted me to conserve my retainer. I asked her to remove the GAL, she outright refused. I really do want another lawyer, but I probably would not have the money for a retainer. I cannot get help through legal aid. And if I knew the legal system well enough, I wouldn't need a lawyer. :(
Being realistic? Even with the knowledge most of us here have, the majority would NOT tackle your situation w/o an attorney. I wouldn't. What can you sell, from whom can you borrow? This is no longer a DIY project.
 

Ohiogal

Queen Bee
Your attorney needs to file to have the GAL removed. That is quite simple. If your attorney will not do so, then you need to get new counsel any which way you can.
 

WoosterGal

Junior Member
Being realistic? Even with the knowledge most of us here have, the majority would NOT tackle your situation w/o an attorney. I wouldn't. What can you sell, from whom can you borrow? This is no longer a DIY project.
I am being realistic in the sense that if I run out of retainer, I will lose my current lawyer. And without a was to find the money for the retainer for a new lawyer, I will not have one. I did not say I wanted to represent myself. It was more a validation that I know I need to have a lawyer...in the sense that I have no idea what I would need to do.

I have very few, if any, "valuable" items I could sell. I already had to borrow part of the retainer for my current lawyer, and very unlikely I know anyone else who can afford to lend me the money. I have been looking for any and all odd jobs I can find (on top of my full time job). :(

But I am not giving up hope...and I am continuing to look for any and all ways to raise resources.
 

WoosterGal

Junior Member
Your attorney needs to file to have the GAL removed. That is quite simple. If your attorney will not do so, then you need to get new counsel any which way you can.
I agree I need a new lawyer. And so does everyone who knows the situation going on. I am looking for a way to afford a new lawyer, and others are helping me look. So, hopefully, I can make something happen soon. :( It is just frustrating, overall.
 

WoosterGal

Junior Member
Side note, and question...

So, I had to stop at the post office. One of the workers there knew my grandma, and we talked. I brought up I was having some issues with a GAL in a custody case. She asked me if it was a lawyer GAL (vs a GAL who is not a lawyer). She apparently serves as a non lawyer GAL in an adjoining county. She confirmed, that to the best of her knowledge, there is nothing prohibiting me from documenting and having a witness at the home study. I gave her some examples of why I wanted documentation/witness, and she said I needed to file to have the GAL removed (I had not told her yet I had been on this forum). I told her I asked my lawyer to file to have the GAL removed and she flat our refused. She seconded everyone here's advice about a new lawyer...but also said I could file the motion to have the GAL removed myself...but I would have to pay the filing fee.

Is this possible? And would anyone have any suggestions as to what form? (and I will go try to look myself, tonight, too).

Oh, and a funny side note, too. It hit me earlier that Ohiogal had mentioned Wayne County, and I got to wondering how she knew I was from Wayne County...and then I remembered my user name. Lol. :p
 

Ohiogal

Queen Bee
So, I had to stop at the post office. One of the workers there knew my grandma, and we talked. I brought up I was having some issues with a GAL in a custody case. She asked me if it was a lawyer GAL (vs a GAL who is not a lawyer). She apparently serves as a non lawyer GAL in an adjoining county. She confirmed, that to the best of her knowledge, there is nothing prohibiting me from documenting and having a witness at the home study. I gave her some examples of why I wanted documentation/witness, and she said I needed to file to have the GAL removed (I had not told her yet I had been on this forum). I told her I asked my lawyer to file to have the GAL removed and she flat our refused. She seconded everyone here's advice about a new lawyer...but also said I could file the motion to have the GAL removed myself...but I would have to pay the filing fee.

Is this possible? And would anyone have any suggestions as to what form? (and I will go try to look myself, tonight, too).

Oh, and a funny side note, too. It hit me earlier that Ohiogal had mentioned Wayne County, and I got to wondering how she knew I was from Wayne County...and then I remembered my user name. Lol. :p
You can't file anything if you have an attorney of record. This non lawyer doesn't know the law. I am a lawyer and I know the law. Oh and I am licensed in Ohio.
 

stealth2

Under the Radar Member
So, I had to stop at the post office. One of the workers there knew my grandma, and we talked. I brought up I was having some issues with a GAL in a custody case. She asked me if it was a lawyer GAL (vs a GAL who is not a lawyer). She apparently serves as a non lawyer GAL in an adjoining county. She confirmed, that to the best of her knowledge, there is nothing prohibiting me from documenting and having a witness at the home study. I gave her some examples of why I wanted documentation/witness, and she said I needed to file to have the GAL removed (I had not told her yet I had been on this forum). I told her I asked my lawyer to file to have the GAL removed and she flat our refused. She seconded everyone here's advice about a new lawyer...but also said I could file the motion to have the GAL removed myself...but I would have to pay the filing fee.

Is this possible? And would anyone have any suggestions as to what form? (and I will go try to look myself, tonight, too).

Oh, and a funny side note, too. It hit me earlier that Ohiogal had mentioned Wayne County, and I got to wondering how she knew I was from Wayne County...and then I remembered my user name. Lol. :p
Why would you discuss personal issues like this with a perfect stranger? Makes no sense.
 
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Zigner

Senior Member, Non-Attorney
You can't file anything if you have an attorney of record. This non lawyer doesn't know the law. I am a lawyer and I know the law. Oh and I am licensed in Ohio.
It sounds to me like the non-attorney GAL that our OP spoke with may have crossed the line in to UPL territory. Would you agree?
 

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