It sounds like you had a hearing in the Probate Court to contest your brother-in-law's guardianship. It doesn't sound like it went well for you.
1. You are unable to "get rid" of the court appointed guardian for the children. However, if the attorney is not acting "in the best interests" of the children, your attorney may be able to file a Motion to Remove the Court Appointed Guardian for the Children. The GAL does NOT have to speak to you. S/he is acting on behalf of your children--just like your attorney is, hopefully, working on your behalf. The children's attorney may interview anyone involved with the children, including teachers, physicians, counselors, and anyone else involved with the children. The attorney CAN speak with you as to how the children are doing in the home, but does NOT have to do so.
2. Experts on JustAnswer are prohibited from making referrals to any specific attorney. However, below is a link to the South Carolina Bar Association Attorney Referral page. You can contact the Association and indicate the type of attorney that you need, as well as that you prefer an attorney who is experienced in the type of law that you need.
3. Mediation is a negotiation tool that is used in a divorce. The parties and their attorneys agree to try to settle some or all of the contested issues with the help of a neutral third party. Mediation is not binding on the parties. However, if some or all of the issues are settled with the help of the neutral mediator, then the agreement can be made part of your divorce decree. Many times, a judge may order the parties to attend mediation. If some or none of the contested issues are settled in mediation, they can still be settled as a result of a trial.
Mediation is also available for probate issues that can't be resolved by the parties involved. Below is a link to an explanation of the probate mediation process and the Court Rule that allows for mediation.
4. If the divorce case is dismissed, then all of the Orders of the judge concerning the are null and void.
5. If the divorce is dismissed, and your husband is still in need of a guardian and/or conservator, then you may have to contest the guardianship on the ground that the divorce is now dismissed and you believe that you are qualified to be your husband's guardian and/or conservator. If the judge continues your brother in law as guardian and/or conservator, then you will have to present him with your income versus your expenses. If he will not approve the monthly amount of money that you have requested, then you will have to file an action in the probate court. You will have to show the judge that the amount of money you have requested is fair and equitable and necessary to pay your expenses.
I hope that you find this information useful.
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