What is the name of your state? md
what is the difference between a GAL and a BIA?
Is is typical the other party flat out refuses to have a GAL/BIA?
(I am writing a note to my atty and needed to know before I ask him some questions).
Thank you.
I dont know what a BIA is. The only info I am finding about BIA is Bureau of Indian Affairs. And if they are involved life just got extremely complicated because of tribal laws.
Maybe "Best Interests Advocate"....that is a total guess on my part but the only thing I could think of.
I just found this:
No More Guardians Ad Litem in Maryland
The Maryland Court of Appeals held in Fox v. Wills (2006) that an attorney appointed by the court as Guardian Ad Litem in a case had no special immunity and could be sued by one of the parents. The court said in a footnote that the term "Guardian Ad Litem" is not in the rules or statutes of Maryland. Bills were then introduced in the legislature which passed but provisions granting immunity were stricken.
Now the Maryland Rules Committee is considering rules which would allow the court to appoint the following:
Best Interest Attorney to protect the child's best interests, which may not be the same as the child's wishes;
Child Advocate Attorney to provide counsel to the child; and
Child's Privilege Attorney, to assert or waive any privilege of the child.
This tracks the recent recommendations of the American Bar Association to replace the Guardian Ad Litem designation to avoid confusion and clearly set forth the role of the attorney in court orders involving appointments for children.
So the BIA is the same as a GAL?
Harford County is starting to rely on the following:
http://www.casaofharfordcounty.org/
I was told that if you request a GAL, you could get a court appointed CASA worker. I hope not, they do not have the expertise that a GAL would have. But I can hire a BIA, correct?
I was told that if you request a GAL, you could get a court appointed CASA worker. I hope not, they do not have the expertise that a GAL would have. But I can hire a BIA, correct?
A CASA would not likely have the LEGAL expetise of a GAL. That is why a CASA is not appointed solo.
A CASA does a lot of the grunt work and will have more direct contact with the involved parties and reports back to the GAL, BIA and so on. A GAL may have a HUGE caseload whereas a CASA will have few assignments they can give hand-on time to.
A CASA does a lot of the grunt work and will have more direct contact with the involved parties and reports back to the GAL, BIA and so on. A GAL may have a HUGE caseload whereas a CASA will have few assignments they can give hand-on time to.
but in our county, it is JUST the CASA worker, individual atty's and the judge... no GAL, no BIA.....
I just think it is an extremely heavy load to put on a CASA worker, it is a huge responsibility to have to make those kinds of decisions on the childs behalf.
FYI: I also called a mediator in Harford county, just to be "prepared" for whatever happens... and she refused to have my ex in her office... she said I needed to go back to the Office of Family services. I'm dreading that! They were the ones who told me all my concerns wouldn't matter to the judge!![]()
I also don't think that you need to get the Office of Family Services involved at this point either, nor do you need mediation at this point. If mom takes something back to court after she gets out of jail, let the judge decide, based on her record..
that's it in a nutshell.... thanks.Other than that, stop worrying about it until there is actually something to worry about
Her mother keeps calling me asking to work it outside of court. I was just looking into what it would take. I guess they don't like it that the entire clan can't go to facilitated visitation with her!
that's it in a nutshell.... thanks.
Now, if you feel it would be safe, and appropriate, you could offer mom's family some limited, supervised by you, contact with the child. Maybe at a public park or something like that. I am not saying that it should be regularly "scheduled" or even suggesting that you NEED to do so. However, despite their problems I am sure that they do love the child, and would like to remain in her life, however limited the extent.
LdiJ, if you don't think that waitinmd has been responsible about this, either you haven't read his past threads, or you're even more "uterus-centric" than I have thought you to be in the past. Tsk, tsk.You could step back and let her learn to be a responsible grownup. ...
This I agree with, however.Other than that, stop worrying about it until there is actually something to worry about.