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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a friend in Montana who divorced three years ago received

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I have a friend in Montana who divorced three years ago received her three children in the divorce. Two years later ex-husband begibs fighting for custody of the children after one child makes a sexual allegation against dad. Attorney A brings in a guardian ad litem for the children. Mom is later arrested for interfering with parenting plan. Attorney A brought in on request to be guardian ad litem for children. . Attorney B takes over for criminal and child custody fight. Criminal is over now its just child custody. Guardian Ad Litem is friends with standing master and judge that presided over criminal case. My question is their a conflict of interest here with guardian ad litem, standing master and judge? Guardian Ad Litem isn't doing her jod by listening to the children. What can be done about this?

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but being friends in the industry is quite common. That is not a conflict of interest. What would be a potential conflict is if Attorney A, for example, ever represented any of the parents even in potentially unrelated matters. But being friends with the judge is not really a concern. If the parent feels that the G.A.L. is not doing his job, the other parents can file a motion via the attorneys to have the courts evaluate whether or not the G.A.L. is performing his obligations. The GAL's job is not just to listen to the children but to make the best decision in their best interest. As an example, say children want to live with one parent over the other but that parent is far more 'unfit' in the eyes of the court. The GAL does not have to file a motion to seek custody with the preferred choice, the GAL has to make a decision based on their own best interest. He has to listen to them but he still has to make a decision based on what he perceives to be as best for their future and development.

Good luck.

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