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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14454
Experience:  15 years exp all aspects of general law
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MY GAL:I have an adoption case going right now that my husband

Customer Question

MY GAL:
I have an adoption case going right now that my husband and i initiated.We are in Illinois.WE have had "our Daughter" since she was born through the court at 17 days old, was given to me by DCFS as permenent Guardian.(WE are her aunt @ uncle the BMs).BUt the Birthmom is sick, she has skitzoaffective disorder with psycosis.SHe's very sick.The parents confirm that to us continuasly.THe BMs fAther lives with us(they all were homeless and we took them in and he just never left).NOw my question is this....THe BM met the GAL first ,she's 21 and cute and he, flipped over her and has done everything in his power to help her.OK we have our toddler baby girl now shes 4 yrs old.So i made an appt with the GAL and we went ,they asked are afraid of dogs? WE said NO? Why and a dog the size of a great dane or bigger (but was a german shepard),put his head out the recetionists window, THAT scared us for our baby girl shes 4 and 33 lbs @41 ".LOves pets but has never been around a huge ,huge dog.We walked in and that was it he never left us alone.I tried to push him away so i could talk with my daughter cowering on my lap and screaming mommy help me!I wqas terrified as was my husband and we were answering questions then he'd come after us to play again, slobbered all over ,he tried to jump on my daughter and my husband grabbed our daughter and turned his back and he jumped up and was about 6 or 7 ft tall and scratched my husband deep on his back i had to clean them and put butterfly scratches, the GAL laughed the whole time quietly.WE can't prove that happened to us but he is so biased with the BM he never looks at us, he has neever 1 time asked my daughter 1 question, never saw our home we own, nothing.BUT when he sees the Birthmom in court he says hi, and talks a bit, never speaking to us?Can we change GALs in the middle of an adoption case? Where the BM is contesting? WE feel so sad he hasn't seen how happy our daughter is our how smart and loved she is, how many activities she's in.ectThe BM lives with her mom and is on the verge of getting kicked out again????What should we do
sighned..... broken hearted in Illinois HELP! Everything else is going as planned but hthe GAL. Thank You for any and all help you can provide. Sher
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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Has the BM applied for custody or is she just trying to stop the adoption at this point?

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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?)

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Does the dog belong to the GAL? Why was the dog at the GAL's office?

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Do you know how much longer it is until the GAL issues a final written report to the court??

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MARY

Customer: replied 1 year ago.

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

Expert:  Legalease replied 1 year ago.

Hello again Sher -

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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).

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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.

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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).

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THANK YOU

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MARY

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