What is the name of your state (only U.S. law)? FL
I am filing for a modification of custody on the 1st, and along with that I am filing a motion for GAL. I feel GAL is necessary, not only due to the history but due to the fact that the children have a lot to say regarding the things going on in their home that I can not present to the judge on their behalf. CPS has been involved with our children since February 2007, and in June 2008 they came to my home to do an interview and inspection for "possible future placement".
They didn't find that the children were in any immediate danger in their current home, but did find that the stress level at their home is extremely high and recommended the children go to counseling for PAS and recommended that I file for custody through the courts. At that time, their Mother was working graveyard shift at a women's prison while the children spent all of their non-school time with a sitter, who advertised on his Myspace page his affinity for marijuana and ecstasy pills.
Around the same time, we (my wife & I) ended up having to put life on hold and go out of state for a while to be with my father-in-law, as he was suffering from renal failure and was not expected to live. During that period, we had the children in our sole care for my portion of summer vacation. Shortly after they were returned to their mother, my wife and our family moved closer to the children. (We were 98.9 mi away initially. We are now 28.2 mi)
During the summer months while I was with the children and out of state, I fell behind in support. She hit me for contempt, and in November I spent 24 hours in jail and paid the purge. I am now back on track with support. The children still have not received any counseling for PAS, as the mother refuses to cooperate beyond changing her work schedule to the day shift. Now in lieu of the drug-using babysitter, they are left home alone when mom has to go out.
Having said all of that (some of which was for clarification purposes) my questions are:
1. Does the GAL have access to CPS records that I do not?
The last time I filed for GAL (Nov '06), the motion wasn't heard until the day of the custody hearing (May '07), at which time the judge informed me that it was basically a moot point.
2. How do I get the Motion for GAL addressed sooner if I can not file one without the other?
I am filing for a modification of custody on the 1st, and along with that I am filing a motion for GAL. I feel GAL is necessary, not only due to the history but due to the fact that the children have a lot to say regarding the things going on in their home that I can not present to the judge on their behalf. CPS has been involved with our children since February 2007, and in June 2008 they came to my home to do an interview and inspection for "possible future placement".
They didn't find that the children were in any immediate danger in their current home, but did find that the stress level at their home is extremely high and recommended the children go to counseling for PAS and recommended that I file for custody through the courts. At that time, their Mother was working graveyard shift at a women's prison while the children spent all of their non-school time with a sitter, who advertised on his Myspace page his affinity for marijuana and ecstasy pills.
Around the same time, we (my wife & I) ended up having to put life on hold and go out of state for a while to be with my father-in-law, as he was suffering from renal failure and was not expected to live. During that period, we had the children in our sole care for my portion of summer vacation. Shortly after they were returned to their mother, my wife and our family moved closer to the children. (We were 98.9 mi away initially. We are now 28.2 mi)
During the summer months while I was with the children and out of state, I fell behind in support. She hit me for contempt, and in November I spent 24 hours in jail and paid the purge. I am now back on track with support. The children still have not received any counseling for PAS, as the mother refuses to cooperate beyond changing her work schedule to the day shift. Now in lieu of the drug-using babysitter, they are left home alone when mom has to go out.
Having said all of that (some of which was for clarification purposes) my questions are:
1. Does the GAL have access to CPS records that I do not?
The last time I filed for GAL (Nov '06), the motion wasn't heard until the day of the custody hearing (May '07), at which time the judge informed me that it was basically a moot point.
2. How do I get the Motion for GAL addressed sooner if I can not file one without the other?
