Motion to add party? Ohiogal please help if you can! :)

[LdiJ]

Thank you for bringing this up TinkerBelleLuvr, because I was wondering about that very thing. Especially since this has been my position since the beginning. Although I am aware that no one is allowed to ask the child her wishes, Gma asked for visitation for the holidays and the magistrate asked what the general issue was. My attorney stated that we (the parents) were honoring daughter's wishes, as she was very uncomfortable with new step grandpa, and Gma now too since basically not having a relationship with her for the last 5 years. I have been begging my attorney to ask for attorney's fees since day one. I didn't know if that was decided at the end of the case or what, since I had to come up with my half of the GAL's fees within 14 days of him being assigned.

OG may not like this response but the fact that you had to pay for 1/2 of the GAL is a travesty of justice and your attorney should have seriously argued that issue with the judge. This is not a parent vs parent case where both parents have equal legal standing. This is a third party asking for access to your child and that third party should be paying any and all expenses (such as a GAL) regarding that issue. That does not necessarily mean that your legal fees would end up being paid by the third party, but GALs and other outside expenses should be.

You really need to have a serious discussion with your attorney about both the legal fees and the GAL's fees. I am not saying that you should dump your attorney, or anything like that, but parents should not have to go heavily into debt to protect their constitutional rights from third parties.

 

[kik1999]

OG may not like this response but the fact that you had to pay for 1/2 of the GAL is a travesty of justice and your attorney should have seriously argued that issue with the judge. This is not a parent vs parent case where both parents have equal legal standing. This is a third party asking for access to your child and that third party should be paying any and all expenses (such as a GAL) regarding that issue. That does not necessarily mean that your legal fees would end up being paid by the third party, but GALs and other outside expenses should be.

You really need to have a serious discussion with your attorney about both the legal fees and the GAL's fees. I am not saying that you should dump your attorney, or anything like that, but parents should not have to go heavily into debt to protect their constitutional rights from third parties.

I was seriously ticked off when I found out I had to pay this too, a week before Christmas at that. I think the entire thing is a travesty of justice to be honest. I cannot seriously for the life of me understand why in the world this custody motion is STILL pending. I don't understand why in the heck it hasn't been thrown out (the custody motion)? Even opposing counsel said that they were just pushing for visitation, and I feel like the only reason this case is even getting heard in the first place is because they filed every motion possible and that she LIED and said she was her primary caregiver for the first 5 years.

I feel very naive, but maybe I really should have a heart to heart with my attorney. Out of every single thing that I have asked, not one thing has gone even remotely the way I had hoped. My ex wasn't served properly....they are proceeding as if he doesn't even exist. The custody motion that my attorney was convinced would be thrown out at the first hearing....still pending. And now here we are and I'm certain that Gma will not drop this if it doesn't go her way, which means I'm sure we're going to have to come up with much more money for attorney fees so we can go to trial. All this and we are FIT, competent parents, of an honors student, who have never had CPS even called against us...trying to defend our rights against someone who admittedly hasn't even seen our daughter in 3 years, let alone had a relationship in 5....and she's a teenager who is stating she wants nothing to do with her. I'm still trying to grasp how all of this is happening!

Sorry ~ I'm super stressed.

 

[Ohiogal]

Ohiogal, since the OP will be asking her attorney to file a motion for the child to appear in camera, would it make sense for her attorney to request that the other party pay her attorney fees?

Yes it would. I would be asking anyway due to the frivolity of the custody action.

 

[Ohiogal]

OG may not like this response but the fact that you had to pay for 1/2 of the GAL is a travesty of justice and your attorney should have seriously argued that issue with the judge. This is not a parent vs parent case where both parents have equal legal standing. This is a third party asking for access to your child and that third party should be paying any and all expenses (such as a GAL) regarding that issue. That does not necessarily mean that your legal fees would end up being paid by the third party, but GALs and other outside expenses should be.

You really need to have a serious discussion with your attorney about both the legal fees and the GAL's fees. I am not saying that you should dump your attorney, or anything like that, but parents should not have to go heavily into debt to protect their constitutional rights from third parties.

I don't disagree with you necessarily -- and please quit ASSUMING what my thoughts are. But there may be NOTHING her attorney can do about it depending on the climate of the court. Many counties have a philosophy that those fees are automatically split. Others start with splitting and can reallocate at the end of the case. So her attorney may have NOTHING to do with the fees. He can't appeal the cost split because it is not considered a final appealable order. And to appeal that if mom wins opens up the ENTIRE decision to being appealed and that is NOT something that mom would want.

 

[BL]

In my State and you can cite you're own State's , The GAL is the Lawyer For the child ( why would the child need another lawyer ) GAL . In my State ,during trial, the Gal stands there listens ,then agrees or not ,and makes recommendations.

 

[Ohiogal]

In my State and you can cite you're own State's , The GAL is the Layer For the child ( why would the child be another lawyer ) GAL . In my State ,during trial, the Gal stands there listens ,the agrees or not ,and m,akes recommendations.

Well in my state -- which is OP's state -- that is NOT the role of the GAL. The GAL testifies. The GAL may be a lawyer HOWEVER unless appointed as both the child's attorney and GAL they do not act like the child's attorney. If the child's wishes conflict with the recommendation, the child must be appointed a separate attorney to represent their wishes. What I have stated in this thread is completely correct as I am licensed in Ohio, this is the type of law I practice in Ohio, and I am a GAL in Ohio.

 

[gam]

I don't disagree with you necessarily -- and please quit ASSUMING what my thoughts are. But there may be NOTHING her attorney can do about it depending on the climate of the court. Many counties have a philosophy that those fees are automatically split. Others start with splitting and can reallocate at the end of the case. So her attorney may have NOTHING to do with the fees. He can't appeal the cost split because it is not considered a final appealable order. And to appeal that if mom wins opens up the ENTIRE decision to being appealed and that is NOT something that mom would want.

The bolded is what some tend to not realize on here. We can't stick to the "NORM" without letting posters know that other things may occur depending on the climate of their court.

I always appreciate the fact that your posts almost always add in other possibilities that may occur. It really can throw someone when they are told this is the "norm" and then what ends up happening is nowhere near that "norm".

 

[kik1999]

The bolded is what some tend to not realize on here. We can't stick to the "NORM" without letting posters know that other things may occur depending on the climate of their court.

I always appreciate the fact that your posts almost always add in other possibilities that may occur. It really can throw someone when they are told this is the "norm" and then what ends up happening is nowhere near that "norm".

I agree with this, gam. I am also very appreciative that OG points out other possibilities. I feel that I have been prepared of other scenarios. Plan for the worst, hope for the best. I can't thank everyone that has contributed to this thread enough, for just taking the time to help me understand what could happen. Even if it's not what I want to happen.

 

[kik1999]

Hopefully, FINAL update

We have a court date tomorrow, so I sent my attorney a short email asking if she has heard about the recommendation from the GAL. I get the greatest email back, stating that Gma has decided to DISMISS her petition and there will be no hearing tomorrow ~ IT'S OVER!!!!

GAL went to visit my daughter at school last week and asked her if anything has changed as far as her wanting to see Gma, she said no. He asked her what would she do if the court ordered her to go anyway? (I am SOOOO proud of my daughter) She said that she would NOT go against a court order, but she wouldn't be happy about going. He then asked her what if she changed her mind in the future, how would she handle wanting to see Gma? She told him that she would just ask Mom, because Mom always said if she wanted to see Gma, she would make it happen (it's true....it would be on my terms, but I wouldn't keep her from Gma completely just because).

Thank you all so much for your help, responses and pointing me in the right direction. 7 years of reading this site has definitely helped me in this case and with my ex (and for my hubby with his ex). Your knowledge and time spent helping others are truly invaluable.

I feel ungrateful for even asking about this, but should I be pushing for attorney's fees or should I just leave it be? Also, what about getting her removed as a party to my divorce? I'm assuming that I will have to motion for that to happen? Thanks again everyone!!!

 

[LdiJ]

We have a court date tomorrow, so I sent my attorney a short email asking if she has heard about the recommendation from the GAL. I get the greatest email back, stating that Gma has decided to DISMISS her petition and there will be no hearing tomorrow ~ IT'S OVER!!!!

GAL went to visit my daughter at school last week and asked her if anything has changed as far as her wanting to see Gma, she said no. He asked her what would she do if the court ordered her to go anyway? (I am SOOOO proud of my daughter) She said that she would NOT go against a court order, but she wouldn't be happy about going. He then asked her what if she changed her mind in the future, how would she handle wanting to see Gma? She told him that she would just ask Mom, because Mom always said if she wanted to see Gma, she would make it happen (it's true....it would be on my terms, but I wouldn't keep her from Gma completely just because).

Thank you all so much for your help, responses and pointing me in the right direction. 7 years of reading this site has definitely helped me in this case and with my ex (and for my hubby with his ex). Your knowledge and time spent helping others are truly invaluable.

I feel ungrateful for even asking about this, but should I be pushing for attorney's fees or should I just leave it be? Also, what about getting her removed as a party to my divorce? I'm assuming that I will have to motion for that to happen? Thanks again everyone!!!

If Grandma is dismissing the case its like it never happened. Unfortunately it might mess up the dismissal if you fought for the attorney fees at this point.

You might want to consider showing up for court anyway if you don't get a firm confirmation that the case has actually been dismissed. It will likely be a waste of time, but it will ensure that grandma and her attorney are not attempting to pull and kind of fast one.

 

[kik1999]

If Grandma is dismissing the case its like it never happened. Unfortunately it might mess up the dismissal if you fought for the attorney fees at this point.

You might want to consider showing up for court anyway if you don't get a firm confirmation that the case has actually been dismissed. It will likely be a waste of time, but it will ensure that grandma and her attorney are not attempting to pull and kind of fast one.

Regarding attorney's fees, I thought that might be the case, as I remember reading that previously somewhere. At this point, I don't even care, I am just happy it is OVER!

My attorney is supposed to be sending me the dismissal entry from the court when she receives it. I'm assuming that will be today, as she found out late Friday evening about their decision to dismiss. I fully intend on showing if I don't receive it, and I thank you for that recommendation. At this point I obviously don't trust her. So the dismissal will take care of her being added as a party? Correct?

 

[BL]

Regarding attorney's fees, I thought that might be the case, as I remember reading that previously somewhere. At this point, I don't even care, I am just happy it is OVER!

My attorney is supposed to be sending me the dismissal entry from the court when she receives it. I'm assuming that will be today, as she found out late Friday evening about their decision to dismiss. I fully intend on showing if I don't receive it, and I thank you for that recommendation. At this point I obviously don't trust her. So the dismissal will take care of her being added as a party? Correct?

With a petition dismissal , all the contents of the petition and documents pertaining to it are included in the dismissal .

As was said , it's over as far as that Petition goes.

Incidently , grandma wouldn't dismiss her own petition but rather withdraw the petition.