Wrongful Termination of parental rights

My ex wife had possession of our two children for the past three years. Neither of us had legal custody. She would hop from address to address making it impossible to find her. I would call her parents to try to get an address but they would not help. Child support would not help me locate her stating they just make sure I pay and are not allowed to give out addresses. My attorney said I would have to file where ever the children are livingand it was pointless until I locate her. I found her in August and filed for a Instaner order to get custody of the children. The judge ordered me to pick up the children. Two days later I find out that she had my parental rights terminated in another state in 8 months prior and I had to return the children. She told the Guardian ad litem she was not getting child support and I have not contacted the kids in 3 years. She also stated she did not know where I was and had me served by publication in a state where she knew I was not living. She was already convicted of 4 felonies and on probation at this time. (I learned this after I found her) The Guardian Ad Litem did not check with child support to see If I was paying and recommended termination of my parental rights because no support was being given to the children from me. Now I have a court date to set a side the order so I can have my parental rights back and the Guardian ad litem is now stating I am a better parent than my EX.

Can the Guardian Ad Litem ( who is an attorney) be found guilty of neglegency in that he made a recommendation to terminate my rights to the court with out verifing that I was paying child suport and providing support to my children.?

Also, Since the guardian Ad Litem was neglagent, Can the state be found Neglagent in the fact the did not police the actions of the court appointed Guardian, and rather than asking for proof they made a ruling based on a unverifed complaint?

In termination of parental rights the burden of proof rest on the petitioner or plaintiff. If no evidence was submitted that made a clear and convincing case, then the court maybe negligent in that they did not maintain the plaintiff to provide such proof. The court is not required to follow the recommendation of a GAL. While the GAL may have been negligent in that he issued a report, with supporting evidance, the court still is required by law to have evidence presented that supports the motion to terminate parental right.

Because this is such an important issue, it is absolute, that the plaintiff can not just put in to terminate your rights and have a judge sign it off. She had to prove why your rights should be terminated. If she provided no evidance you a good case to have the motion overturned or set aside and now have proof the court was negligent and not up holding the required laws.