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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am going through a modification and the commissioner wants

Customer Question

I am going through a modification and the commissioner wants to assign the same GAL that was used for our divorce.
I did not get along with the GAL.
I heard there is a way I could request a new GAL
How would I do that?
Can the commissioner appoint the GAL that I dont' want even if I object?
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Once the commissioner appoints a guardian ad litem, if you feel that the GAL cannot be neutral, then someone in your situation can file a Motion to Recuse Guardian Ad Litem Appointment and to Appoint an Alternate. Actually, the motion may be titled several ways as this is a fairly non-standard motion. What it asks is the primary concern of the Court, not the title.

The motion can be filed, the other party served, and the commissioner will hear it. They do not have to agree to it, however, and may confirm the appointment over your objections. Typically they will, unless one can prove by clear evidence that the GAL is not neutral and is biased.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!