Have Legal Questions? Ask a Lawyer Now.
Has the BM applied for custody or is she just trying to stop the adoption at this point?
Do you have any solid proof that the GAL and the BM are seeing each other outside of the court process in more than a professional manner (that they are meeting away from court or his office as more than friends?)
Does the dog belong to the GAL? Why was the dog at the GAL's office?
Do you know how much longer it is until the GAL issues a final written report to the court??
Mary,I'm trying to respond to you but having a hard time and i paid already!
1-JUst trying for visitation,she's never seen her on her own only supervised.I would k, that but don't want to ,she's very unstable.
2-something happened between the GAL and the BM, but nothing sexual.She's a wild one though ya never know?no proof just what we see.
3-THe dog lives in the office!Hes single and thats his baby.uhhhh
4-after july 9th.Because the BM is getting a new lawyer so it's going to be sometime after that.
thanks ,please answer,Sher
Hello again Sher -
From what you have told me, it does not seem that the GAL is exhibiting any true bias against you in this case and while it is certainly within your rights to request that the court change the GAL to someone you are more comfortable with, the court will probably not do it unless you can show the court clearly that the GAL is biased against you or is seeing the BM outside of the case or is just plain incompetent for some other reason having nothing to do with the case (such as digging up evidence that courts have thrown out some reports of his in recent cases and your judge was not aware of this). Under the circumstances, if BM is not trying to actually prevent the adoption from taking place, then all of your worrying notwithstanding, you are actually in a better position than if BM were trying to contest the adoption and take your daughter away from you (trust me when I say this -- no matter how bad a BM has become in their life and lifestyle, family courts are still very reluctant to permit an adoption if either biological parent opposes it - preferring to grant guardianship and give the biological parents excessive chances to try to straighten out their lives and regain custody of their child or children). While you can certainly take the overall position that it is not in the best interests of your daughter to have any kind of relationship with the biological parents, the GAL is most likely going to come down in her favor for some rights to be involved in your daughter's life and possibly even visitation rights simply because it is the law in all states for the judges, courts, GAL's, psychologists, etc to encourage and keep open a channel for the biological parents to at least have some involvement up to supervised visitation rights during the childhood unless it will be completely detrimental to the child to do so (for example -- BM is a drug addict who has been given many chances and refuses to change her ways). So, in the end here, I do not think you will be doing your case a good turn by asking for a new GAL unless you can show proof of any bias and overt friendliness between the GAL and the BM to the court and you will probably be in a good position if you and the BM and GAL can work on some recommendations to the court between yourself -- perhaps if she agrees to the adoption that you permit her to have limited involvement in your daughter's life (pictures. presents, etc) and a tentative agreement to permit supervised visitation a few times a year so long as the BM can continue to show that she has straightened out her life and she continues to live on the straight and narrow. These cases are extremely difficult for the judges involved because he or she is being asked to split the child under bad circumstances -- and the judge will be genuinely interested in any ideas that you can come up with amongst yourselves to resolve the case so that the judge does not have to make a ruling that will potentially hurt one side at the cost of the other side (as far as the judge can see, all of you love your daughter and wants what is best for her -- and the judge does not want to be the one to upset the apple cart here but their hands are generally tied when it comes to facilitating the rights of a biological parent in all instances where he/she can be involved in reuniting a BM with a child and if that cannot happen, the next thing is a good adoptive home for the child).
Please let me know if you have any more specific questions or anything that you want me to follow up with here for you. As I said, you can certainly request a new GAL (it is within your rights to do so) but you want to be careful before taking that step.
I do apologize for the difficulties with the website -- we are also experienceing the same thing on our end (losing questions and responses, website gumming up on us, etc).
I ask that you press the 3rd, 4th or 5th smile face under this ANSWER BOX so that I will be paid for my time in assisting you -- I am paid NOTHING unless you press the middle smile face or either one of the two to the right of the middle smile face below. Pressing a positive rating will NOT COST YOU ANY ADDITIONAL MONEY -- by pressing either the 3rd, 4th or 5th smile face below you are telling Just Answer to pay me for my time assisting you today (Just Answer then takes a small portion of your payment already made to them for this question and transfers it to me as payment for my time in assisting you).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).