Family Law Questions? Ask a Family Lawyer Online.
There is usually no reason to oppose a GAL unless the issue is the cost of having one. Also, a GAL does not get to make the decision of what is in your child's best interests, that decision is still up to the judge. The purpose of the GAL is to represent what is in your child's best interests rather than what is wanted by you or your child's father. Rather than putting your efforts into opposing having a GAL appointed (which is probably going to happen anyway), I would suggest putting your energy into demonstrating to the GAL why it is in your son's best interests to be with you. Also, opposing the GAL could make it appear that you have something to hide. If your argument is that the father is just trying to make you run out of money, then one approach would be to tell the judge you don't object to a GAL as long as the father is the one who pays for it. You could argue that you believe a GAL is unnecessary and that he is requesting one solely to make you unable to afford to go all the way through a custody fight, but that you certainly have no objection to having one if the father will pay for the entire cost. That way you are making it clear that you have nothing to hide and that your only objection is due to financial issues. Good luck to you, and if you have additional questions please let us know.
Do you have experience with custody cases? Could you tell me what to expect when a GAL visits. My son has two good loving homes albeit different parental lifestyles. I'm afraid of being judged by what society considers "acceptable". His father has a new expensive home in Florida with a pool. He has a wife, 2 step daughters older than my son, and 2 sons with his wife close to my son's age. There life is picture perfect. But, he has a full-time job and travels overnights often, which means my son would be mostly raised by his stepmom. We have shared a 50/50 non court ordered arrangement in Maine since he was born. I have a large old new englander at which I run a rooming house. Right now, I have 5 european college students renting rooms. My boyfriend and I ride motorcycles and he owns a tattoo shop. We are society's "rough n tough". I also have a 15 year old son in the home and my boyfriend has a 12 year old daughter whom he has full custody of. Our home is clean but we are in the midst of lots of upgrades ... a new roof, a patio, landscaping... I am so worried about being "judged". I know my son is happy here and looking forward to third grade in the school he has knows since Kindergarten and with the friends/teachers he knows. But his father is stubborn and very good at manipulating. Any advice please?
I met with a lawyer today regarding my custody case. He told me I have already made mistakes ... allowing my son to visit his father in Florida, creating the moving "bond" ... and that the GAL he suggested is not a good GAL for my case. He also wants a $3000 retainer. I have no means for a lawyer and now I"m just scared I will lose. He also stated that if I did lose, child support would end and I might end up paying a small amount of child support even tho I make nothing compared to him. He said I had good points as far as my son being stable here but it is a rocky road without a lawyer. Anything bad will be dug up and my live-in boyfriend has a "past".
I have decided that I should throw in the flag and move to Florida as my ex initially suggested so that a 50/50 split can continue. There are all kinds of stressful, financial and family issues surrounding this, including my 15 year old son who does not want to move and will stay behind with his dad to finish high school but I cannot risk losing my little boy.
Now that an interim order has already been filed and a GAL appointed (just today) what do I do if I want to re-address my relocation??? HELP
Thank you for your time and advice. I appreciate it.
I am the Plaintiff. I started the proceedings for primary residence when I felt threatened that he would leave to Florida with our son.
He originally offered me $10,000 to move but fell short when it came time to produce the monies.
I have texted him that I wish to discontinue the proceedings and go along with his initial offer and have asked him to call. This was yesterday.
Do I do something now? Do I contact the magistrate? Or the GAL?