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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to know how to get a guardian ad litem to speak to my

Customer Question

I need to know how to get a guardian ad litem to speak to my daughter and represent her in court. She has been living with her dad since she was 3 years old and I just got her back from him. Not legally he just gave her back and does not want to deal with her. We both have 50/50 custody and he has temporary stay. I need to get the courts showing that she lives with me and have the child support switched over to me. I want her legally with me before her dad changes his mind and takes her back. My daughter wants to live with me as she and her dad do not get along and it's becoming physical. He hits her and the DCF is involved. However the therapist assigned is friends with her dad and sticks up for the dad in court and lies for him.
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.


You do not need a GaL yet. What you have to do is to file a Motion for Modification.The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

At the hearing, both of you will argue based on these factors. IF the Court feels the situation has become too convoluted, the Court MAY decide to hire a G a L to do an investigation.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
So you are saying all i need to file is the modification for child custody papers. He just gave her to me and said that he doesn't want to be bothered. But I think if i try to file custody he will try to fight me. I paid child support but he won't want to. Will the modification papers make him pay as well. I need to provide things for my daughter. Also would I be able to get this at a rush or is there special papers i have to full out to get the judge to see me soon on this case. I want to get custody of my daughter as her dad is abusive and he gets away with it. My daughter wants to live with me and she's 13 is she not the legal age to say that and get it. Her grades have dropped with her dad and her school will continue keeping her till she goes to high school. I am looking for a 3 bedroom for her to have her own room. As of now she uses mines and my husband and i took the living room till we get the place. I have a stable job and has always had job stability whereas her dad does not. I am also in school and my daughter is happier with me. She listens to my rules and gives me no trouble. However, when with her dad she acts up as she doesn't want to hear him bickering about me or fighting with her. She is also very stressed out with him but she is calming down with me. Should this not all be taken into consideration for her well being. I also have the insurance for her.
Expert:  Ely replied 4 years ago.
Yes, the modification papers can make him pay IF you ask for it. If you tell him that you're not asking for child support, that might make him agree, and the Court won't care. And yes, all of what you said will be taken into consideration.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Do you work in Florida. I need an attorney to help me fill out the paper work for the modification of child custody and the paper work for the reversal of child support. I also need the paper work for stopping the arrears. I know that I can ask the judge to pardon the arrears. But I don't know what paper work I need or how to fill them out. Do you have anyone you recommend that can help me fill out the paper work.
Expert:  Ely replied 4 years ago.
Sorry, I don't. Would you like a referral?
Customer: replied 4 years ago.
Yes please if you know someone. Will your referral just help me with the paper to filling it in and also to make sure that I have everything I need for what I want
Expert:  Ely replied 4 years ago.
Well what I'll do is refer you to a referral service. :) I'd like to refer you to the Florida Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.

http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?openform

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













Customer: replied 4 years ago.

Thanks but I tried the bar and they charge you $50.00...I did this like three times already and the first attorney knew my ex-husband. The 2nd and third say I make too much. Mind you have this kid living with me and I don't get any help. I have to pay child support and take care of her. She's my daughter and I will do anything for her.

 

Thanks again but the bar can't help me.

Expert:  Ely replied 4 years ago.
Sorry. Try:http://www.martindale.com/?WT.srch=1

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.