Guardium et litum

[faithnlve]

What is the name of your state (only U.S. law)? Vermont. Either parent can request that a guardian ad litem be appointed for their child but the courts keep denying it. The child is 12 and wants equal time with both parents. Father has full custody. What can mother do if courts keep rejecting her request for an et litum? Is there a statute or law which allows her to get this? ty

 

[mistoffolees]

What reason did the court give for denying a GAL? I'm guessing that it's procedural - you haven't followed the procedures exactly.

For example, a GAL will not usually be appointed unless there's an active case. So you first have to have an active custody case. And before you can do that, you may need to show a change in circumstances. (and "12 year old wants equal time with both parents" doesn't cut it).

Learn the rules and procedures in your state. Meanwhile, tell us what the court said when they rejected your request.

 

[LdiJ]

What reason did the court give for denying a GAL? I'm guessing that it's procedural - you haven't followed the procedures exactly.

For example, a GAL will not usually be appointed unless there's an active case. So you first have to have an active custody case. And before you can do that, you may need to show a change in circumstances. (and "12 year old wants equal time with both parents" doesn't cut it).

Learn the rules and procedures in your state. Meanwhile, tell us what the court said when they rejected your request.

Sometimes the wishes of an older child can be considered a "change in circumstance". It varies from state to state and maybe even from judge to judge so we shouldn't say that a case cannot be brought forth at all based on a child's wishes.

A child's wishes alone would rarely win a case, but we have actually seen a handful here where they have. I have also seen a couple out in the real world.

 

[SESmama]

I don't believe Vermont adheres to a child's request being a change of circumstances.

 

[CJane]

Either parent can request the judge does not have to grant the request.

Generally speaking, a GAL is only appointed by the court in highly contentious cases where the best interests of the child might get "lost" in the legal manuvering, or in cases where abuse/neglect is alleged by either party.

As a general "I want to have a GAL just because"... well, it's just not all that likely to be granted. That's what minor's attorneys are for (and they're expensive).

 

[mistoffolees]

Either parent can request the judge does not have to grant the request.

Generally speaking, a GAL is only appointed by the court in highly contentious cases where the best interests of the child might get "lost" in the legal manuvering, or in cases where abuse/neglect is alleged by either party.

As a general "I want to have a GAL just because"... well, it's just not all that likely to be granted. That's what minor's attorneys are for (and they're expensive).

I hope OP will come back and tell us exactly why the request was rejected - as well as why she wants a GAL and what the GAL is expected to do. Is it simply because the 12 year old wants a new home or are there other factors, too?

Clearly, a little more information is needed for us to give good advice.