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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39184
Experience:  Retired (mostly)
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How can you dismiss or impeach a guardian ad litem from your

Customer Question

How can you dismiss or impeach a guardian ad litem from your current child custody case-son is 13. I feel that the guardian is bias and is also not relating correct information to the judge.
Submitted: 8 years ago.
Category: Family Law
Expert:  socrateaser replied 8 years ago.

You file a motion to remove the GAL on grounds of bias. You will have to show evidence to prove your position -- usually, based on the documents filed by the GAL with the court. But, if the GAL communicated with you via email or letter, and the documents show some prejudice against you, then that would work, as well.


Hope this helps.



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Customer: replied 8 years ago.
My guardian ad litem really pushed me hard to file a motion to amend visitation after my childs father challenged my physical custody. I filed the motion and went to court on July 27th.He then proceeded to put me on trial.When I left the court, I had lost physical custody and we had never even discussed my motion to amend the visitation.I felt like I had been ambushed and lied to.
Expert:  socrateaser replied 8 years ago.

I understand. Unfortunately, no one bothered to explain to you that a GAL's responsibility is to the child -- not to either parent. So, even though you may have requested the GAL and even though you may be ordered to pay the bill, the GAL does not work for you and is charged with acting on behalf of the child's interests (legally, not even the child's best interests -- just the child's interests/wants/desires). Where the child is too young to be able to state his or her interests, the GAL frequently goes off on his or her own and the courts frequently rubber stamp the GAL's requests.


Meanwhile the parents don't really understand the GAL's purpose in the action or how to resist it. So, while you may have been ambushed, it may have been entirely appropriate.


Someone should have told you that, despite the GAL, you need your own attorney to advance your interests.


Based on what you're alleging, I doubt that you will be able to remove the GAL, because he/she is only doing what he/she is supposed to do.