T.R | Title | User | Personal Name | Date | Lines |
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158.1 | | AIMHI::RAUH | Home of The Cruel Spa | Thu Sep 19 1991 11:17 | 10 |
| Guardian Ad-Litems are not difficult. Gotta get the local courts to
assign one or find one and have it a court ordered that he/she is
picked. Who in the state of Ma? Donno.... Gotta be real careful in
picking them. Find one who is not on a crusaide for feminism is going
to be the fuff part. (sorry all those feminist reading this note, not
trying to slight you). But the point made is that a man stands about as
much chance of custody as you getting the Pope for an attorney, and
you find out that his ex is a self admittled serial killer who has a
pet dog named Sam. But at least you might get better chance if you find
a local group to join.
|
158.2 | Thanks and more info! | ROULET::BARRY | | Thu Sep 19 1991 15:58 | 28 |
| Thanks George,
While custody would be ideal, I guess we realize that it would be tough
to get. I think we would really like to find a G-AL to help resolve
some other smaller, but annoying, issues to begin with. For example,
who gets to decide which activities the kids are in. The ex seems to
think that she can just sign them up with no input from Dad. In other
words, she signs them up and then vetoes anything he comes up with in
addition. And then threatens to take something away from the kids that
they enjoy if Dad follows through! Also, she punishes them by taking
away activities that take place on Dad's time. It's not as simple as
I'm painting it here, but you get the idea. It would just be nice to
have someone to listen to whats going on and help work things out to
the kids advantage.
In addition to that, it would be good to get some changes in
visitation. And oh, I could just go on and on about all the other
issues!!! ;-) But...
You get the idea... But I guess my big question is still how you go
about getting a G-AL. Is there some sort of form you file or what?
He is also very interested in joining a group like DAD if he can get
some info on when and where they meet. Or a phone number...
Again, thanks for the help!
Lesa
|
158.3 | lawyers have paper cannons | JENEVR::PAIGE | | Thu Sep 19 1991 16:37 | 14 |
|
Not so sure about the GAL I have one and so far he has just taken
our money and offers no real help in any issues so far but who knows.
The most yardage I have gotten so far was by filing a contempt charge
on those same issues.
And while the opposing counselor hammered away at me I just kept
saying with my lawyer that I was only here to protect my sons rights
to a relationship with his DAD. I did not get a contempt finding but
she was ordered to do everything I asked for. And since then I use
that order more than any other in discussions with her with some success.
Although I much prefer to reason things I feel unless you take them
to court at least once your ex will never worry about your threats.
Mick
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158.4 | Alternative to a GA | GLOSSA::BRUCKERT | | Fri Sep 20 1991 07:26 | 18 |
|
Trying to deal with the bas stuff that happens in a divorce
is almost impossible within the courts, they'll so clogged they
don't want to deal with the behaviors of the parents unless it gets
severe. To handle issues my divorce decree states that any problems
or issues must be addressed in couseling before either party may
address the courts. The counselor really does and will act in the
best interest of the children and at the same time help the parents
to learn to deal better and more effectively, and costs a lot less
than a lawyer (free in many HMO's). He has a lot of implied power
too, becuase if any issue went to court after counseling you know
who the judge would rely on to make his decision-the couselor. Just
having a third party involved forces both sides to be more reasonable.
And you have to go, to refuse to go to couseling would put you in
very bad terms with the court because prima-facia you would be
violating the terms of the agreement, unnecessarilly bothering
the court, and just plan being unreasonable. The key is to have this
process defined in the divorce agreement.
|
158.5 | | ROULET::BARRY | | Mon Sep 23 1991 09:18 | 9 |
| Re .4
My understanding is that a GAL *is* a counselor. And that they do
pretty much what you described in your note, same as a counselor.
Actually, I guess I've heard them described as being a combination
counselor/lawyer.
Lesa
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158.6 | Lawyer may equal Shark | PARZVL::GRAY | Follow the hawk, when it circles, ... | Mon Sep 23 1991 14:57 | 26 |
|
In NH, the GAL may or may not be a lawyer. In my case, the two lawyers
agreed on another lawyer to fill that role. The chosen lawyer agreed.
The first two asked the court to assign her to the case and the judge
did.
IMO, having a "lawyer" as GAL when you are not debating custody, is
simply inviting another shark into the tank. The best thing that
happened to my son was when he started seeing a youth counselor who
was recommended by the Junior High School Guidence Counselor. That
was the only person who didn't seem to have ties to the justice system
and would not be tempted to place my son's interest second to some
other legal or career issue.
The counselor's only interest was in helping my son get his act
together and learn how to deal with each of his parents. And the
added benefit was stated by someone else already. Each parent is
less likely to want to appear unreasonable in the eyes of the counselor,
because the counselor keeps records and will be viewed as unbiased
if the whole thing winds up back in front of a judge.
I suggest a counselor who is not a lawyer to resolve the co-operation
problems and a GAL who is a lawyer if you are debating custody.
Good luck,
Richard
|
158.7 | | AIMHI::RAUH | Home of The Cruel Spa | Tue Sep 24 1991 12:35 | 13 |
| Most often than believed is that the GAL becomes the SECOND Attorney
for the ex. As in because of the way the courts look at men as a CP,
they will chose sides before they review the case. And will rubber
stamp most of the issues in favor of the women to save working for
their fees. Such is life, and one must understand that MOST GALS, have
no training in phylocoligy. They claim to use the common sence rules.
As in if the ex wife keeps the child staked out in the back yard and
feeds him/her maggots, then it is the mans fault that this is
happening. Even though he might be in the next state, and has no
visiting rights cause he cannot stop her from taking the child out of
state for its is agianst the constutional right of the woman. Even
though the childs family still resides in the state that the father
resides in.
|
158.8 | Ask the GAL to be pro-child | CSC32::K_HYDE | Yes, we do windows -- CX03-2/J4 592-4181 | Wed Apr 28 1993 21:18 | 22 |
| The thought behind Guardian Ad-Litems was to have an attorney other the
mother's attorney represent the kids. Unfortunately, this has become,
in many cases, a gold mine for attorneys.
I'd question a Guardian Ad Litem about how many GAL representations
he's done, what percentage of paternal or true joint custody
recommendations he's made, and how often the courts' custody decisions
have reflected his recommendations. Note that I ask for verifiable
information whenever I interview an attorney.
When dealing one-on-one with a GAL, 1) Ask the GAL for his/her
professional opinion about you as a parent, 2) Ask him/her to act in
the best interests of the children by recommending any improvements,
and 3) Ask him/her to contact you in the future if he/she sees any
things that should, in the best interests of the children, be improved.
You've gone on record as being co�perative and if the GAL agrees, you
may have some basis for a suit if the GAL makes a negative report on
you without suggesting those improvements in the children's best
interests.
Kurt, who'd love to sue a rich lawyer.
|