Criminal Law Questions? Ask a Criminal Lawyer.
I can understand your concern and understand what you are attempting to do here for your child.
However, once a record is sealed it can only be openned upon the consent of the judge who sealed the record or another judge for a legitmate legal reason.
You can send a letter to the court asking that the judge consider openning a seal filed but most like the judge will refuse your request even with the information you provided to me.
Again, I understand what you're trying to do for your child but the law is very clear in sealing of records.
Yes to your first question.
I would say not to you second question. A court will most likely refuse your request because it serves no legitimate legal purpose for the court. Even if he lied under oath there is nothing you can do about that case where he was found not guilty. The case is done and over at this point.
You are confusing a "Best Interest of the Child" standard which is Family Law with the Rights against Double Jeopardy which is Criminal law.
If you believe the child is in danger and you disagree with the GAL, then your best option is to seek a Custodial Evaluation from a Child Psychologist to make a report to the GAL and court. That is your only option.
Sorry for the confusion, I am trying to arm myself with knowledge, and it seems as though ye who has the most money wins.
Actually, a Private Custody Evaluation is the next step in our case.
Thank you, XXXXX XXXXX I could have heard something different.
I wish I could have told you something different. Please understand that I have small children myself and the mere thought sickens my stomach but it's better for you to hear the law from me that for me to just tell you what I think you want to hear.
I wish you much luck.
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