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GAL vs Court Investigator: Part II

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mcwjjm

Member
What is the name of your state (only U.S. law)? Ohio. I have an update along with some follow up questions to a thread I started which is now closed.

Met with the court appointed Court Investigator yesterday. This was very enlightening and informative. She confirmed that her role is to gather info, like a GAL, but that she doesn't make recommendations in her report to the court. Though she did say that she would be at the hearing and the magistrate may ask her for clarification on her report. She also said that I the pro se / attorney would also be able to address her at that time. So it seems while it won't be in her report I can ask her recommendation.

She has already met with the mother, asking her the same questions I responded to. She found her responses to be incomplete and damaging to her defense. Mostlly when she admitted to her [and me independantly this week also] that regardless of the ruling of the magistrate that she still intends to move out of state [to KY] leaving her son with his father.

Having met with council, I understand the courts overwhelming side with the recommendations of the GAL. Primarally [?] because they would neeed overwhelming reason to overturn the findings of the legal [GAL] report. I know where the Court Investigator stands in our case, my question, what importance would a magistrate typically give to the report and recommendation of a Court Investigator compared to a GAL? There is not time to file for a GAL, and give the plantiff due notice, before our hearing. I understand the magistrate could appoint one or I could request one appointed. Thanks in advance.
 
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casa

Senior Member
What is the name of your state (only U.S. law)? Ohio. I have an update along with some follow up questions to a thread I started which is now closed.

Met with the court appointed Court Investigator yesterday. This was very enlightening and informative. She confirmed that her role is to gather info, like a GAL, but that she doesn't make recommendations in her report to the court. Though she did say that she would be at the hearing and the magistrate may ask her for clarification on her report. She also said that I the pro se / attorney would also be able to address her at that time. So it seems while it won't be in her report I can ask her recommendation.

She has already met with the mother, asking her the same questions I responded to. She found her responses to be incomplete and damaging to her defense. Mostlly when she admitted to her [and me independantly this week also] that regardless of the ruling of the magistrate that she still intends to move out of state [to KY] leaving her son with his father.

Having met with council, I understand the courts overwhelming side with the recommendations of the GAL. Primarally [?] because they would neeed overwhelming reason to overturn the findings of the legal [GAL] report. I know where the Court Investigator stands in our case, my question, what importance would a magistrate typically give to the report and recommendation of a Court Investigator compared to a GAL? There is not time to file for a GAL, and give the plantiff due notice, before our hearing. I understand the magistrate could appoint one or I could request one appointed. Thanks in advance.
The Court would give equal weight to them both. They are both Court Appointed & they both act in a role to determine the Children's Best Interest as to Custody/Visitation.
 

mcwjjm

Member
The Court would give equal weight to them both. They are both Court Appointed & they both act in a role to determine the Children's Best Interest as to Custody/Visitation.
The investigator feels the mother has neglected the child's educational and medical needs and is incapable of raising the child. And now it seems, to the two of us, that she's more concerned about moving out of state than retaining her parental [custodial] rights. I like my chances.
 

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