Guardian ad litem?
Asked by
CMeno (
13)
December 20th, 2021
Has anyone ever been appointed a guardian ad litem? My husband and I have just been appointed one for his 5 children. We are fighting for full custody and disagree with the living conditions they have at their moms house. The children are not bathed while with her, teeth aren’t brushed and worst of all they all sleep on the living room floor together. They all live with their mom at their grandma’s house. Would the guardian ad litem see the issue with this or are we fighting for nothing? At our house the kids have bedrooms and they all have their own beds. Any experience with a GAL?
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5 Answers
I’ve never been appointed as GAL, but I’ve worked with attorneys who have served in that role.
Typically they work at the court’s direction to make sure that the best interests of vulnerable minors or non-competent adults are protected. Competing claims and demands of family members are not the first priority, but if children are found to be living in unsafe or unhealthy conditions the GAL has broad authority to order immediate placement in a more suitable home.
I was a CPS worker for over 10 years but procedures vary from state to state and sometimes, County to County. I’d have a conversation with the guardian, what we used to refer to as the “law guardian” who is supposed to be a subjective person working solely for the interests of the children. You might also consider a call to the state Central Registry (otherwise known as making a CPS report). The call to the Central Registry might necessarily come from you, directly, since you are the source of the information. This will prompt an investigation by Child Protective, and the outcome is not predictable as it also may depend on the diligence of the caseworker. The caseworker will have the parent(s) sign releases to speak to the doctor(s), the schools (to see if the kids are coming to school every day and how they’re doing in school), the dentist, any therapists or psychologists, the mother’s therapists, CASACs, and any other relevant professionals. This investigation usually takes a few weeks, up to two months.
Calls to the Central Registry are supposed to be confidential and anonymous but sometimes (oftentimes) the person being called about can figure out who made the report.
Do the children already have a case with CPS or with a caseworker? That might be another place to start.
Yes, I have.
A lot will be determined also by the ages of the children.
Getting full custody is not easy but can be awarded when there is a compelling reason that is well documented. I was awarded this for my two.
In contested cases, the GAL will document what they observe and make recommendations to the court.
This is typically a very emotional time and an emotional decision. Please ensure you are doing this solely on the best interests of the children.
We have called CPS in the past but was told since they had a roof over their heads, running water and food that their living situation was sufficient.
I should add, it is currently a joint custody arrangement. However there have been several issues with hygiene while with their mom. Somedays when they come to our home the smell will about knock you down. The 9 year old girls have been put in 2t clothing that physically hurts them. There have been complaints from the kids about being stepped on while sleeping on the floor, and it hurting their backs. The kids see everything they experience while with their mom as normal though because this has always been their living/sleeping arrangements since their parents split. Except for the few times she moved them in with a couple boyfriends she’s had.
We try to remain as civil as possible but their mother makes coparenting absolutely impossible. Bad mouthing their father to them, cussing and screaming at us when at the children’s sports games, bragging to the kids about getting in fights. We even had to have her trespassed from our property because she would show up acting crazy.
We aren’t trying to take them completely. Would just like them through the week since they have school and we feel would benefit from having a bed to sleep in, being showered and having proper clothing. Sleeping on the floor we feel would be more suitable for like a weekend sleepover. I should add there are 2 girls and 3 boys ages 6 to 11 all sleeping together on the floor.
@CMeno: I see from your recent answer that the things that would never have been tolerated in the County I worked for are considered acceptable in the County you live in. The things you just wrote: the clothes not fitting, the kids sleeping on the floor, the kids being dirty, those things would not be ok. Speak to the law guardian and see what she or he says.
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