quick question

[waitinMd]

What is the name of your state? md

what is the difference between a GAL and a BIA?

Is is typical the other party flat out refuses to have a GAL/BIA?

(I am writing a note to my atty and needed to know before I ask him some questions).

Thank you.

 

[Ohiogal]

What is the name of your state? md

what is the difference between a GAL and a BIA?

Is is typical the other party flat out refuses to have a GAL/BIA?

(I am writing a note to my atty and needed to know before I ask him some questions).

Thank you.

I dont know what a BIA is. The only info I am finding about BIA is Bureau of Indian Affairs. And if they are involved life just got extremely complicated because of tribal laws.

 

[LdiJ]

I dont know what a BIA is. The only info I am finding about BIA is Bureau of Indian Affairs. And if they are involved life just got extremely complicated because of tribal laws.

Maybe "Best Interests Advocate"....that is a total guess on my part but the only thing I could think of.

 

[Ohiogal]

Maybe "Best Interests Advocate"....that is a total guess on my part but the only thing I could think of.

If that is what it stands for then the biggest different is that a GAL works for BOTH the child's wishes AND the child's best interests until there is a conflict between the two then the child -- at least in Ohio -- would end up with both a minor's attorney and a GAL which would then function in the child's best interests (which is basically a BIA maybe).

 

[waitinMd]

I just found this:

No More Guardians Ad Litem in Maryland

The Maryland Court of Appeals held in Fox v. Wills (2006) that an attorney appointed by the court as Guardian Ad Litem in a case had no special immunity and could be sued by one of the parents. The court said in a footnote that the term "Guardian Ad Litem" is not in the rules or statutes of Maryland. Bills were then introduced in the legislature which passed but provisions granting immunity were stricken.

Now the Maryland Rules Committee is considering rules which would allow the court to appoint the following:

Best Interest Attorney to protect the child's best interests, which may not be the same as the child's wishes;

Child Advocate Attorney to provide counsel to the child; and

Child's Privilege Attorney, to assert or waive any privilege of the child.

This tracks the recent recommendations of the American Bar Association to replace the Guardian Ad Litem designation to avoid confusion and clearly set forth the role of the attorney in court orders involving appointments for children.

So the BIA is the same as a GAL, minus the wishes part.

Harford County is starting to rely on the following:
http://www.casaofharfordcounty.org/

I was told that if you request a GAL, you could get a court appointed CASA worker. I hope not, they do not have the expertise that a GAL would have. But I can hire a BIA, correct?

 

[LdiJ]

I just found this:

No More Guardians Ad Litem in Maryland

The Maryland Court of Appeals held in Fox v. Wills (2006) that an attorney appointed by the court as Guardian Ad Litem in a case had no special immunity and could be sued by one of the parents. The court said in a footnote that the term "Guardian Ad Litem" is not in the rules or statutes of Maryland. Bills were then introduced in the legislature which passed but provisions granting immunity were stricken.

Now the Maryland Rules Committee is considering rules which would allow the court to appoint the following:

Best Interest Attorney to protect the child's best interests, which may not be the same as the child's wishes;

Child Advocate Attorney to provide counsel to the child; and

Child's Privilege Attorney, to assert or waive any privilege of the child.

This tracks the recent recommendations of the American Bar Association to replace the Guardian Ad Litem designation to avoid confusion and clearly set forth the role of the attorney in court orders involving appointments for children.

So the BIA is the same as a GAL?

Harford County is starting to rely on the following:
http://www.casaofharfordcounty.org/

I was told that if you request a GAL, you could get a court appointed CASA worker. I hope not, they do not have the expertise that a GAL would have. But I can hire a BIA, correct?

Oddly enough, I have never heard anyone complain about a Casa worker. Most people have had nothing but high praise for them.

 

[Bloopy]

I was told that if you request a GAL, you could get a court appointed CASA worker. I hope not, they do not have the expertise that a GAL would have. But I can hire a BIA, correct?

A CASA would not likely have the LEGAL expetise of a GAL. That is why a CASA is not appointed solo.

A CASA does a lot of the grunt work and will have more direct contact with the involved parties and reports back to the GAL, BIA and so on. A GAL may have a HUGE caseload whereas a CASA will have few assignments they can give hand-on time to.

 

[waitinMd]

I guess when I read the criteria for being a CASA worker, it surprised me.

thank you!

 

[Ohiogal]

A CASA would not likely have the LEGAL expetise of a GAL. That is why a CASA is not appointed solo.

A CASA does a lot of the grunt work and will have more direct contact with the involved parties and reports back to the GAL, BIA and so on. A GAL may have a HUGE caseload whereas a CASA will have few assignments they can give hand-on time to.

However many CASAs also have other jobs so therefore they may not have as much time.

 

[waitinMd]

A CASA does a lot of the grunt work and will have more direct contact with the involved parties and reports back to the GAL, BIA and so on. A GAL may have a HUGE caseload whereas a CASA will have few assignments they can give hand-on time to.

but in our county, it is JUST the CASA worker, individual atty's and the judge... no GAL, no BIA.....

I just think it is an extremely heavy load to put on a CASA worker, it is a huge responsibility to have to make those kinds of decisions on the childs behalf.

FYI: I also called a mediator in Harford county, just to be "prepared" for whatever happens... and she refused to have my ex in her office... she said I needed to go back to the Office of Family services. I'm dreading that! They were the ones who told me all my concerns wouldn't matter to the judge!

 

[LdiJ]

but in our county, it is JUST the CASA worker, individual atty's and the judge... no GAL, no BIA.....

I just think it is an extremely heavy load to put on a CASA worker, it is a huge responsibility to have to make those kinds of decisions on the childs behalf.

FYI: I also called a mediator in Harford county, just to be "prepared" for whatever happens... and she refused to have my ex in her office... she said I needed to go back to the Office of Family services. I'm dreading that! They were the ones who told me all my concerns wouldn't matter to the judge!

I think that its possible that you are overthinking the situation right now. Your ex is in jail, and she has more charges to deal with than the ones that landed her there. Therefore she could be in jail for a long time.

In addition, you already have sole custody and her only visitation is facilitated, supervised visitation.

You could step back and let her learn to be a responsible grownup. Let her make her own arrangements for facilitated visitation once she gets out of jail.

I also don't think that you need to get the Office of Family Services involved at this point either, nor do you need mediation at this point. If mom takes something back to court after she gets out of jail, let the judge decide, based on her record.

Other than that, stop worrying about it until there is actually something to worry about.

 

[waitinMd]

I also don't think that you need to get the Office of Family Services involved at this point either, nor do you need mediation at this point. If mom takes something back to court after she gets out of jail, let the judge decide, based on her record..

Her mother keeps calling me asking to work it outside of court. I was just looking into what it would take. I guess they don't like it that the entire clan can't go to facilitated visitation with her!

Other than that, stop worrying about it until there is actually something to worry about

that's it in a nutshell.... thanks.

 

[LdiJ]

Her mother keeps calling me asking to work it outside of court. I was just looking into what it would take. I guess they don't like it that the entire clan can't go to facilitated visitation with her!



that's it in a nutshell.... thanks.

This is not a case that should ever be worked out, outside of court. Mom's problems are too serious for that.

Now, if you feel it would be safe, and appropriate, you could offer mom's family some limited, supervised by you, contact with the child. Maybe at a public park or something like that. I am not saying that it should be regularly "scheduled" or even suggesting that you NEED to do so. However, despite their problems I am sure that they do love the child, and would like to remain in her life, however limited the extent.

Again however, you do not HAVE to do that and should only do so if you feel its safe and appropriate.

 

[waitinMd]

Now, if you feel it would be safe, and appropriate, you could offer mom's family some limited, supervised by you, contact with the child. Maybe at a public park or something like that. I am not saying that it should be regularly "scheduled" or even suggesting that you NEED to do so. However, despite their problems I am sure that they do love the child, and would like to remain in her life, however limited the extent.

I have been meeting her family once in awhile. They will call ask me to meet, I say fine, then I don't hear from them for 3 weeks... then they call and want me to drop what I'm doing and come within the hour... my ex's Dad who is 42 wants me to bring the child to meet his 19 yr old gf.... I am ambushed when I meet with them. They try to lay a guilt trip on me, acting like all this is my fault. It is difficult to meet with people who have lied to you, covered for my ex and assisted her in committing contempt. And no way do I feel safe!! Would you if false charges were filed against you from your ex and their family?

One of the most difficult parts for me is that I will teach our child that is is bad to:
lie, abuse drugs/alcohol, be promiscuous, participate in or tolerate domestic violence, collect state money under fraudulent conditions, not get an education... just to mention a few and all of which are prevalent in her family, both sides.

I'm not saying I will use a mediator or even get a BIA, but I'd like to know what the options are, and I'd like to be educated.

 

[ProSeDadinMD]

You could step back and let her learn to be a responsible grownup. ...

LdiJ, if you don't think that waitinmd has been responsible about this, either you haven't read his past threads, or you're even more "uterus-centric" than I have thought you to be in the past. Tsk, tsk.

Other than that, stop worrying about it until there is actually something to worry about.

This I agree with, however.

waitinmd, if you aren't comfortable with the "family visitation", don't do it. You aren't obligated to. Also remember that you can cut is short at anytime.

Nice of you to offer it though...