Can you find a different attorney on your own and can it be settled without getting the guardian ad litem? My fiancee got custody of the children because she was an unfit parent. She wanted more visitation and got a motion. They went to court and couldn’t agree to anything so the judge appointed the ad litem. What can we do? The children are 10, 08, 06, and 04 years old.
Tags: Assigns, Attorney, Case, Court, Different, Find, Guardian, Litem, Your
Here in North Carolina a GAL is appointed when someone is somewhat incompetent ( if it is an adult) or a GAL is for the children to be the voice of the children in court. The GAL usually does a home study in both homes and such and then presents their findings to the court, but on top of this both parties usually have their own attorneys even if there is a GAL. Here GAL’s are primarily appointed in Social Service cases and not in civil domestic cases, we do not appoint attorneys in custody, divorce, or child support cases. Of course here we also go to Custody Mediation to try to work things out with a mediator with no attorneys or other family members present, if that does not work then it is released back to the court system for a custody trial. If you are at any time not satisfied with your present attorney you may release them and hire your own but it will be paid for out their pocket and not by the state. Hope this helps.
Are you looking to find a different lawyer for the kids? If so, no, there is no such thing as changing the court orders. If you are looking for a different lawyer for yourself, go for it. Bottom line, the children are possession of neither side, hence the “Guardian Ad Litem”. The guardian is there to make sure the children’s interests are protected and that they are not used as pawns to hurt or disenfranchise the parents.
How did your fiancee get custody being found unfit?
You can get a new attorney, but that has nothing to do with the Guardian Ad Litem. The guardian is there to represent the children and has nothing to do with your attorney or hers. He/she is an unbiased party who will evaluate both sides and suggest what is best for the children.
an ad litem is an attorney for the children. They speak on behalf of the children. YOU can get a different attorney for yourself but not for the children…they are appointed for a reason. So that they do not favor the mother or the father and do what is best for the child.
You have to follow the judges order or face contempt of court charges.