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Not sure what to do here...

Posted by on Mar. 4, 2012 at 9:45 PM
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My (step)son is 15.  Hubby has court on Wed to determine if the biomom can have overnight/weekend visitation.  Hubby has concerns on the matter due to where they would be kept ect.  He is contesting it.

Move forward.  We have a GAL.  The last time we had the same GAL and she went against the CASA and Social Services demanding that the incarcerated biomom receives sole custody and that my hubby "pay for his children".  Same GAL.

She called 2 days before court wanting to see the kids IN court.  Midterm week.  Court postponed to this Wed.  (which is SOL week for the other kid).   The kids saw her in her office so she wouldn't drag them to court and miss such important tests AND to not drag them through court.

I was asked last night if the 15 year old could go out with his friends this coming saturday night.  SHOCKING!! HE NEVER GOES OUT!  I told him that it would have to depend on what happens in court.  He told me, "But I told that lady I wanted to be able to say when I see my mom, not my mom say."  I was floored.

What do I do?  I know this GAL isn't going to say what he said in court!

by on Mar. 4, 2012 at 9:45 PM
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Replies (1-3):
tyfry7496
by on Mar. 4, 2012 at 10:50 PM

IF the kids are in court, have your attorney have the JUDGE ask what they want to happen. The 15 year old should have the right to give his opinion. I would fight like you would not believe to keep my kid from seeing a parent who is in jail. I don't see any judge forcing a 15 year old to see a parent that hasn't been around. I hope it works out in the KIDS BEST INTEREST. 

tyfry7496
by on Mar. 4, 2012 at 10:52 PM

Oh, and the GAL can demand all she wants, it's still the JUDGE who decides. The judge should base his/her decision on the GAL report, CASA and social worker. The GAL does NOT make those decisions. There would have to be a lot of evidence that your husband is an unfit parent and it doesn't sound that way.

fantasticfour
by Grumpy on Mar. 4, 2012 at 11:03 PM

That was the first hearing about 4 years ago.  Now we are with a new one and it's the same GAL.  Hubby doesn't have a lawyer and my 15 year old is terrified of having to say it in front of his mother!

Quoting tyfry7496:

Oh, and the GAL can demand all she wants, it's still the JUDGE who decides. The judge should base his/her decision on the GAL report, CASA and social worker. The GAL does NOT make those decisions. There would have to be a lot of evidence that your husband is an unfit parent and it doesn't sound that way.


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