Ohiogal- GAL Question

[cjones]

What is the name of your state (only U.S. law)? Kansas
While I am in a different state, because you are a GAL I was wondering if you might have some information for me.
Does every state have Guardian guidelines? Where might I look to find those rules?
Also, are Guardians required to meet with the children- say a 6 year old? And are they required to meet with each parent?
THANKS!

 

[justalayman]

http://www.kscourts.org/rules/Rule-Info.asp?r1=Rules+Relating+to+District+Courts&r2=227

and in general:

http://www.google.com/search?rlz=1C1_____enUS387US387&aq=f&sourceid=chrome&ie=UTF-8&q=kansas+guardian+ad+litem

 

[cjones]

THANK YOU! When we spoke to the lawyer on our case about this he never mentioned any of these rules.

Anyone know what happens if the GAL does not follow these rules? Our GAL was very pregnant at the begining of the investigation and she was given a deadline of about 2 months to complete the work/ recommendation before court. She met with the father, myself and the child in question for 10 minutes- once. She met with the mother, grandmother and sibling for an hour and a half. A week before court, she had a phone conference with the lawyers and said she wouldn't recommend changes at this time.
After this, my husband spoke to his lawyer who did not understand why a change wasn't recommended. The lawyer then sent a portion of the notes to another licensed GAL in KS who stated he did not understand why a change wasn't recommended or that he did not understand why the GAL did not meet with either the father or the child for more than that short amount of time.
As far as we know, the GAL is still appointed however, the permanent parenting plan was not signed by the GAL on the case. I believe she may have still been out on maternity leave.

 

[Ohiogal]

THANK YOU! When we spoke to the lawyer on our case about this he never mentioned any of these rules.

Anyone know what happens if the GAL does not follow these rules? Our GAL was very pregnant at the begining of the investigation and she was given a deadline of about 2 months to complete the work/ recommendation before court. She met with the father, myself and the child in question for 10 minutes- once. She met with the mother, grandmother and sibling for an hour and a half. A week before court, she had a phone conference with the lawyers and said she wouldn't recommend changes at this time.
After this, my husband spoke to his lawyer who did not understand why a change wasn't recommended. The lawyer then sent a portion of the notes to another licensed GAL in KS who stated he did not understand why a change wasn't recommended or that he did not understand why the GAL did not meet with either the father or the child for more than that short amount of time.
As far as we know, the GAL is still appointed however, the permanent parenting plan was not signed by the GAL on the case. I believe she may have still been out on maternity leave.

Her recommendations should be argued at trial. She should have to defend her recommendations. If she cannot do that in a reasonable rational way then the judge should not abide by them and should order something else.

I have found many attorneys and even GALs are ignorant about the rules. Some judges are ignorant about them as well. Therefore your husband's attorney should make sure to argue against the GALs recommendation using the rules and educating the court about them.

 

[cjones]

Unfortunately, at this point, its moot as court was May 25th, 2010. The judge reminded everyone what the mother was ordered to do in the opening of court and her lawyer asked for a short recess to discuss with the GAL and our lawyer. Mother gave primary residence to the father with extended every other weekends to the mother.
But, it is good to know. There's always a chance something will happen and we will be back in court.
My husband still doesn't understand her recommendation however and, unfortunately, because the GAL explained she was supposed to base her recommendations on the best interest of the child, and didn't side with him, he's really disheartened with the whole legal system regarding family law.
And here we are almost 4 months post trial date and the mother refused to sign the agreement until a new court date was set for Aug 31, they were signed Aug 2. And now, she refuses to abide by them so, the court has assigned a case manager.
Can you tell me, once a GAL is appointed are they finished at the trial or does something need filed? Should my husband try to contact her at all with current issues?
We've been advised that she's not on the case but, nothing has ever been filed to state that.