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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26866
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We filed in Jan 2008; We were assigned a GAL Feb 22. She initiated

Customer Question

We filed in Jan 2008; We were assigned a GAL Feb 22. She initiated her investigation May 15th. She was told to fast track her report and file it by June 30th. She ignored that and told my attorney if pushed her she would file a "vanilla" report. She fell off the face of the earth with "personal problems" resurfacing Nov 2008. We finally got a report May 15, 2009 that gave me (mom) more custody (60%). We were to go to trial June 9th; that got pushed back until Oct 26th by courts. Dad argued this summer for an updated GAL report; the judge in Sept asked the GAL to get it up to date and we paid her for 6 more hours. She used that time up; she told my attorney over the phone that she was not going to change her stance from the original report. On Oct 25 we were pushed out of the courts AGAIN (scheduling issues). My ex wants to now mediate and expects me to agree to 50/50 split. The GAL is nowhere to be found. She doesn't respond to calls or emails. What can be done here?Crazy.
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

You can file a motion to compel the GAL to provide her report as ordered by the judge. However, you don't want to do this and have her throw punches at you for essentially complaining about the GAL to the court.

 

It may be best to appear for court and when the judge asks for the report, if you don't have it, you can simply state the fact that the GAL has not provided it yet.

 

This way, you can let the judge be the bad guy and go after the GAL for the report.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26866
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
So really there is nothing that can be done. The judge and commissioners have told her over and over to get reports in. She ignores them and does what she wants. Everyone is cowtowing as the years march on, my three kids and I live in limbo and no one can do anything to get this women off the stump. Unbelievable.
Expert:  Roger replied 4 years ago.
You could always file a motion to have the GAL replaced. If it is this obvious that the job is not being done correctly and timely, the court should substitute someone to take over.

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