Guardian ad litem on fathers side!!

Victoria - posted on 01/16/2016 ( 2 moms have responded )

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The father of my child does not pay child support or hardly want to see my son. His gf wants a kid with him but he has a total of 5 children , I'm the fourth baby mom. They filed false cps reports on me which the cps lady dropped when she met me. He filed for full custody and requested a guardian ad litem. Since then the guardian ad litem has been believing all his lies (I drink with my kid in the car, that i abuse him, that I prostitute, leave my son at home unatttened (he is 1yearold!!!??? never). She is all on his side and even went at far in court to say she wants to further investigate me because the accusations against me by the father are very serious and shes concerned for my childs well being. She put in a court order that my boyfriend is not to be around my son. My bf has no criminal history, has a good full time job, and has been nothing short of a great father figure to my son. My baby daddy has 6 pending felonies! This makes no sense how shes all in his corner and I dont know what to do to turn it around. My boyfriend has even met with the G.A.L. to try to let her she how hes a good guy and answer any questions she had. I don't know what to do. My boyfriend and I have already been approved for our apartment and were planning on moving in next month. This is so unfair my boyfriend feels that he has an unlawful restraining order against my child (which makes sense) advice, help. please.

2 Comments

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Jodi - posted on 01/16/2016

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" even went at far in court to say she wants to further investigate me because the accusations against me by the father are very serious and shes concerned for my childs well being."

This doesn't mean she is taking that father's side. This means that there were some serious allegations made and she is obligated to investigate them in her role as GAL.

"She put in a court order that my boyfriend is not to be around my son."

Again, this is likely just to be temporary until she completes her investigations, but if allegations have been made about your boyfriend that could potentially harm the child, she is obligated to put a temporary measure in place to prevent further harm until the matter can be investigated.

"My baby daddy has 6 pending felonies! "

What are these felonies and is the court aware of these?

"My boyfriend has even met with the G.A.L. to try to let her she how hes a good guy and answer any questions she had."

A GAL can't just take someone's word for it that they are a "good guy" - an investigation will go further than this.

You haven't mentioned that you have a lawyer....do you have one?

I also wonder if the move to an apartment is somehow removing access from the father.

♫ Shawnn ♪♫♫ - posted on 01/16/2016

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last I checked the GAL is the advocate for the child in the situation, and is the voice of the child in court. A GAL cannot file motions on their own, nor can they file for restraining orders, etc. That would have needed to have been done by a judge, and would have needed some sort of proof in order to get that to go through.,

Your child SHOULD have a GAL if you are going through court proceedings with your ex. That is the CHILD's voice. The last time I was around any proceedings with a GAL involved, the GAL was not allowed to hear any form of complaint from either parent. If your ex has entered complaints against you or your situation, it was not through the GAL, it was through the proper court process.

The GAL DOES have the authority to request investigations, if what a child tells them may have some weight behind it.

So, if I may inquire, why did the child's father feel it necessary to initiate court proceedings and have a GAL assigned? You mention that "we've been approved for our apartment". Are you planning on removing the child from convenient access to his father?

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