How much say does a GAL have in Custody Recommendations?

This is a discussion on How much say does a GAL have in Custody Recommendations? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am currently waiting the answer of our Judge on who will get sole custody of our two boys who ...

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Old Mar 28th, 2009, 09:11 PM   #1
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Default How much say does a GAL have in Custody Recommendations?

I am currently waiting the answer of our Judge on who will get sole custody of our two boys who are 5 and 4. The GAL recommended that my abusive ex get custody of our children. My sons were sexually abused in his home and there are therapist reports that confirm and DHS reports that substantiate. Yet because the reports were filed, the GAL calls is parental alienation. The GAL never met with me before our hearing and after recieving a copy of the recommendation, my ex and his new wife are convinced they are getting custody. It smells like foul play but I don't know what I can do? Any suggestions? There is a lot more to the story so email if you need more info.
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Old Mar 28th, 2009, 11:06 PM   #2
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Default Re: How much say does a GAL have in Custody Recommendations?

I am so sorry....abusive ex's often do get custody. It's tough. I had to make sure NO further reports came about abuse on my daughter (she was telling people about stuff that happened and THEY called childrens services)...or I'd be in the same boat. I was told if any more reports to childrens services were filed (I never filed ONE), that my retaining custody would be "untenable". I had to keep her quiet.

Be ready to appeal.... QUICKLY!

Hopefully the abuse issues are getting better - and you will be able to testify to that. I talk to my daughter every day about standing up to him...and getting other adults involved if she's uncomfortable. It's helped. The ex stopping the abuse is your best bet for maintaining custody. It's a twisted system. The worst thing that can be brought up in trial is abuse. The abuser WILL get custody frequently. UNLESS - there is enough evidence to have a jury trial and throw him/her in jail.

I hope you have an attorney....
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Old Mar 28th, 2009, 11:09 PM   #3
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Default Re: How much say does a GAL have in Custody Recommendations?

Is your GAL an attorney GAL??? Or a volunteer GAL? Attorney GAL's are less likely to be overridden on recommendations. Though the judge doesn't always have to follow it.
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Old Mar 29th, 2009, 06:08 PM   #4
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Default Re: How much say does a GAL have in Custody Recommendations?

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I am currently waiting the answer of our Judge on who will get sole custody of our two boys who are 5 and 4. The GAL recommended that my abusive ex get custody of our children. My sons were sexually abused in his home and there are therapist reports that confirm and DHS reports that substantiate. Yet because the reports were filed, the GAL calls is parental alienation. The GAL never met with me before our hearing and after recieving a copy of the recommendation, my ex and his new wife are convinced they are getting custody. It smells like foul play but I don't know what I can do? Any suggestions? There is a lot more to the story so email if you need more info.

I have an attorney, but the GAL is the one who recommended he get the children. I am concerned that the GAL didn't do his job and might have been paid off by my ex husband. There was a lot of incriminating evidence that he ignored from the trial. I have heard that an appeal won't do much good if there isn't new evidence. But I didn't suppoena anyone and a lot of documents weren't even used as evidence. Would all of that be a reason to appeal?
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Old Mar 29th, 2009, 06:33 PM   #5
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Default Re: How much say does a GAL have in Custody Recommendations?

Probably not. You can only appeal on what was USED in the trial. You'll have to work with your attorney.

The GAL can be an Attorney GAL or a Volunteer GAL. That's what I was asking. An attorney GAL is more likely to be listened to by the judge.
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Old Mar 29th, 2009, 07:05 PM   #6
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Default Re: How much say does a GAL have in Custody Recommendations?

He is a volunterr GAL. He specializes in debt and estates. So not an attorney GAL full time
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Old Mar 30th, 2009, 06:36 AM   #7
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Default Re: How much say does a GAL have in Custody Recommendations?

Well good luck then....maybe he won't have too much pull....
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Old Mar 30th, 2009, 11:50 PM   #8
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Default Re: How much say does a GAL have in Custody Recommendations?

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I am so sorry....abusive ex's often do get custody.
Quit repeating this nonsense, GByte. Men rarely get custody as it is, and to suggest that being abusive increase their chances is simply beyond stupid. If it ever happens at all it would be EXTREMELY rare. I've NEVER seen a documented case of this.
But of course, there are MANY documented cases of women falsely accusing men of abuse in order to bias the court further against them. I imagine that is what is going on in this case. No politically elected judge is going to risk his career granting custody to someone when there is evidence of abuse.
There are, of course, MANY examples of women fabricating such claims. Genia Shockholme and Holly Collins come to mind, but less well known are the cases of Hope Lazarides (NewsChannel 5.com - Nashville, Tennessee - Lazarides Appears In Court In Kidnapping Case) and the shamefully tragic story of William Coleman (GlennSacks.com Blog Archive William Coleman) who remains incarcerated despite the lack of any evidence against him whatsoever.
Truth is, divorce attorneys encourage women to make these claims, and our courts are all too willing to take them at their word without ever seeking any proof (GlennSacks.com Blog Archive A Story about Anti-Father Bias in DV Restraining Order Proceedings.
Guilty until proven innocent. Only in family court, and only for men.
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Old Mar 31st, 2009, 07:06 AM   #9
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Default Re: How much say does a GAL have in Custody Recommendations?

Abusive men get custody more often than non-abusive men. You don't know...you've never been there. It happens. You've never been threatened with loss of custody if your child keeps telling people what her dad does to her.

The little bit of evidence that was entered into court records before I realized how dangerous it was to tell the truth cost my daughter quite dearly....even though I maintain primary custody. Knowing what I know now, I'd have been VERY careful to hide it in the beginning. Then she wouldn't be in the difficult position the courts put her in.

You know NOTHING about this topic. I hope you never have to. Open up a bit...the world works in STRANGE ways AND...the system works BOTH ways.

For a mom generally, the quickest way to lose custody in more "progressive" counties, is to allow tesitmony about abuse to enter the courts. This is thanks to people like you and that knob Glen Sacks you love so much.

good luck bridgesgirl. Any idea when the decision will come back?
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Old Mar 31st, 2009, 07:27 AM   #10
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Default Re: How much say does a GAL have in Custody Recommendations?

As far as William Colemen...what's that have to do with this issue?

And this:
NewsChannel 5.com - Nashville, Tennessee - Lazarides Appears In Court In Kidnapping Case
Very sad. Probably the same type of system myself and the poster have faced. It could really have happened and the abuser could have got custody. It probably did or she woudn't have ran.

And on the restraning order...she was wrong...they were fortunate to be able to prove it. She was scared...she spotted someone else's vehicle.
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