Gaurdian ad litem

[Anonymous]

Does anyone have a guardian ad litem for their child? I am divorced and my daughter has special needs. My ex husband disagrees she has special needs. I was considering filing a motion for gaurdian ad litem so my daughter can have her own advocate. And it won't be a he said/she said situation in court. However, I am concerned about getting my daughter involved in a conflict between her parents. I am concerned about her emotional well being and stability. Any thoughts or advice?

[Anonymous]

How old is the child? What level of functioning and understanding? What’s preventing you from doing what’s best for her now?

[Anonymous]

She is 13. She is in a school that gives academic support - the issue is more learning challenges. The father is opposing.

[Anonymous]

I think that's out of order. You need a dispute before the court before you get a GAL.

Are you planning to go to court over special needs treatment plan?

Do you need a GAL?
The GAL is there to speak about things the parents and child can't be trusted to speak about accurately. For special needs you can present evidence from school and doctors. Your ex husband can't stop you from getting an evaluation.

[Anonymous]

Thanks, I have an evaluation and a current motion with the court. I would like the settlement agreement modified so that I will have full legal custody. Right now it is shared.

[Anonymous]

You’re presuming a GAL will agree with you. That might not happen.

[Anonymous]

Anonymous wrote:Thanks, I have an evaluation and a current motion with the court. I would like the settlement agreement modified so that I will have full legal custody. Right now it is shared.

I wouldn’t assume you would get sole custody over the father just because you’re in disagreement. The GAL would make a decision based solely on what’s best for the child, not the parents. If additional testing or resources would be beneficial to her then they might recommend those, but they’d probably do so in a way that would not cause additional changes to custody arrangements unless there is some obvious reason those services cannot be provided in both locations. GALs are great but don’t go into thinking they’ll recommend what you want, that’s just not how it works.

[Anonymous]

I've been in this situation, and I'm not sure about the GAL. What if they doesn't have experience with your daughter's needs? What if she acquiesces to your husband on some issues to appear neutral? My attorney filed a motion for me to be granted full educational decision making rights and used an expert witness who specializes in these situations. He settled right before we went to court.

[Anonymous]

Anonymous wrote:I've been in this situation, and I'm not sure about the GAL. What if they doesn't have experience with your daughter's needs? What if she acquiesces to your husband on some issues to appear neutral? My attorney filed a motion for me to be granted full educational decision making rights and used an expert witness who specializes in these situations. He settled right before we went to court.

*What if SHE doesn't.*

[Anonymous]

Be very careful with GALs. Many are horrible.

[Anonymous]

Guardians don’t work for free, you know.

[Anonymous]

Anonymous wrote:
Be very careful with GALs. Many are horrible.

This, it could backfire on you. What is the issue? She has learning disabilities and gets help at school. You are welcome to do more privately and pay for it if he doesn't agree.

[Anonymous]

Anonymous wrote:Thanks, I have an evaluation and a current motion with the court. I would like the settlement agreement modified so that I will have full legal custody. Right now it is shared.

Who has tie breaker for medical and education decisions? If there is no tie breaker, you can get one in place. Full custody is close to impossible.