How to stop a guardian ad litem (GAL) I have met for 80 minutes & her residual claims of “hearsay” as fact to the judge? I am sole custodial mom? I have been the sole, custodial parent of my sons (3 and 5) their entire lives, in July 2014 a GAL was appointed. She spent 80 minutes with me and continues to go to court and say I have been keeping the boys from their father. I have NOT ever done so, yet the Judge keeps siding with her with no proof other than her talking, she’s never written a report, her only evidence is hearsay from a professional supervisor who was dismissed by the judge in our case yesterday after she physically assaulted a professional process server in front of our sons. The boys’ father has been arrested 80 (yes, eighty) times in 7 states and still has yet to do either yearlong treatment programs he was ordered to complete in 2012. He’s seen boys less than 48 hours in the last 2 years Please…help me…please.
Answer – This is very unfortunate because the courts generally give great weight to the guardian ad litem’s (GAL’s) recommendations and conclusions. This is because the GAL is neutral as to the parents and biased in favor of the children. However, the judge understands the rules of evidence, including hearsay. It will be your responsibility or the responsibility of your lawyer to present evidence to the court that rebuts what the GAL says. Although you may do this through your own declaration or testimony of facts of which you have personal knowledge, you would be better served by obtaining declarations or testimony from third party witnesses, especially those who would be considered neutral such as the children’s health care provider, counselor or school teacher. You also should present competent testimony about the father’s lack of involvement with the children as well as proof of his criminal record. The court will listen to your testimony and consider your evidence and weigh it against what the GAL presents
