Guardian Ad Litem Concerns
Summary
In Texas, you are not legally required to reschedule work for a guardian ad litem. However, cooperation may benefit your case. Document interactions with the guardian ad litem and consider filing a complaint if necessary. You can request a new guardian ad litem and consult a family law attorney for guidance. If you cannot afford an attorney, explore self-help resources or law school clinics for assistance. Drafting a motion to remove the guardian ad litem involves outlining your case, detailing issues, and citing relevant laws.Full Conversation
i am pro se in a divorce in texas. my wife's attorney is asking me to reschedule a work obligation scheduled for a day that i already told her i was unavailable because it is the only day that our guardian ad litem is available. do i have to comply or explain myself to her or can i simply tell her no?
Hi ****! You are not legally obligated to reschedule your work obligation if you have already informed them of your unavailability. However, it may be beneficial to try and accommodate the guardian ad litem's schedule if possible, as their involvement is important for the case. You can respectfully explain your situation to your wife's attorney.
Are there any other specific concerns or questions you have about your divorce process?
Are there any other specific concerns or questions you have about your divorce process?
Actually the guardian ad litem has been awful in my case. This divorce has been a nightmare from the start honestly. My ex initially filed for divorce with no children, however she and I have a 12 year old son. I am not genetically related to my son, but my wife and I planned his conception together via a sperm donor and I inseminated her without medical intervention in the confort of our own home. I am a transgender male, and at the time of my son's birth, i had not yet started transitioning. So, we would have been considered to be in a same sex relationship. We had been in a committed relationship since *, obtained a domestic partnership in * because same-sex marriage was not yet legal in texas, and our son was born in November of *. I have always taken care of him as if he were my biological child. I and my ex, both held out to our community that he is my son, i played a very active roll in his life in every way, until my ex moved she and our son out of our home and in with her parents on */*/*. I have not been allowed to see him since that day. At first she allowed me to speak with him on the phone, although it was limited to a * min call between *:* and *:* pm. However, even that was cut off on */*/*. Since then, i have had no contact whatsoever with my son. It has been nearly 3 years. We have been in and out of court, but nothing has been resolved as of yet. Both a guardian ad litem and an ammocus have been appointed in our case, however, their appointments have not done me any favors and i do not believe that either one has done their job or has my son's best interest at heart. The ammocus has never spoken with me, yet openly argued against me in a court hearing about genetic testing. He has spoken with my ex, and he appears to be very friendly with my ex’s attorney. The guardian ad litem is a nightmare. Upon researching her online, i am one of many that have had awful experiences with her. She has charged me somewhere in the ballpark of $*, and i have spoken with her for * mins in total over three years. There were many appointment, both in person and virtually, but none of them happened because she would do bizarre things like pretend not be able to hear me and never call back, have me sit in her zoom waiting room for * mins and never join the meeting, and even sent me to an address that does not exist. When i finally was able to speak with her, she acted as though i was a bother to her and she had no idea why i would need or want to speak to her. The judge had appointed her with the limited scope of providing recommendations to the court for temporary orders. That was a year and a half ago and when i spoke with her, she said she was unable to give any recommendations because she had not spoken with my son in over a year. Now, my ex has ĥles a motion for genetic testing as a way to override any standing i may have. Essentially it is a backdoor tactic to terminate my parental rights. The guardian ad litem has told my ex that she is going to recommend that my son and i continue to have no contact, but told me that she was recommending reunification therapy because my ex has engaged in severe parental alienation. I dont trust the ad litem at all and i dont know what to do
****, it sounds like a very complicated and emotional situation. Here are some general steps you might consider:
- Document every interaction with the guardian ad litem and your ex.
- Seek to file a formal complaint regarding the guardian ad litem's conduct.
- Consider requesting a new guardian ad litem.
- Consult a family law attorney for personalized advice.
Have you considered filing a motion to address the guardian ad litem’s behavior?
- Document every interaction with the guardian ad litem and your ex.
- Seek to file a formal complaint regarding the guardian ad litem's conduct.
- Consider requesting a new guardian ad litem.
- Consult a family law attorney for personalized advice.
Have you considered filing a motion to address the guardian ad litem’s behavior?
I have but i have been very intimidated by the process. I unfortunately absolutely cannot afford an attorney and i have not had any luck with free legal aid
****, navigating this process can indeed be intimidating, especially without legal representation. Here are a few steps you might consider:
- Research how to file a formal complaint against the guardian ad litem in Texas.
- Look into self-help resources provided by the Texas courts for pro se litigants.
- Check if there are any local law school clinics that offer free legal assistance.
Would you like more information on any of these steps?
- Research how to file a formal complaint against the guardian ad litem in Texas.
- Look into self-help resources provided by the Texas courts for pro se litigants.
- Check if there are any local law school clinics that offer free legal assistance.
Would you like more information on any of these steps?
I have looked into these options. What i could really use help with would be drafting a motion to remive the ad litem.
****, drafting a motion to remove the guardian ad litem can be complex, but here's a basic outline to help you get started:
*. Heading:
- Title: Motion to Remove Guardian Ad Litem
- Your Name and Contact Information
- Case Number and Court Information
*. Introduction:
- Briefly state your request to remove the guardian ad litem.
*. Background:
- Provide a summary of the case and the appointment of the guardian ad litem.
- Mention your relationship with your son and the lack of contact initiated by your ex.
*. Reasons for Removal:
- Detail the specific issues with the guardian ad litem’s conduct.
- Include examples of missed appointments, lack of communication, and any unprofessional behavior.
- Reference the guardian ad litem’s failure to fulfill her duties.
*. Legal Basis:
- Cite any relevant laws or court rules that support your request for removal.
*. Conclusion:
- Summarize your arguments and respectfully request the court to remove the guardian ad litem.
*. Signature:
- Sign and date the motion.
Consider seeking assistance from a local lawschool clinic or self-help resources provided by the Texas courts to ensure your motion is properly drafted.
Would you like more detailed guidance on any specific section?
*. Heading:
- Title: Motion to Remove Guardian Ad Litem
- Your Name and Contact Information
- Case Number and Court Information
*. Introduction:
- Briefly state your request to remove the guardian ad litem.
*. Background:
- Provide a summary of the case and the appointment of the guardian ad litem.
- Mention your relationship with your son and the lack of contact initiated by your ex.
*. Reasons for Removal:
- Detail the specific issues with the guardian ad litem’s conduct.
- Include examples of missed appointments, lack of communication, and any unprofessional behavior.
- Reference the guardian ad litem’s failure to fulfill her duties.
*. Legal Basis:
- Cite any relevant laws or court rules that support your request for removal.
*. Conclusion:
- Summarize your arguments and respectfully request the court to remove the guardian ad litem.
*. Signature:
- Sign and date the motion.
Consider seeking assistance from a local lawschool clinic or self-help resources provided by the Texas courts to ensure your motion is properly drafted.
Would you like more detailed guidance on any specific section?
Thanks
****, you're welcome! If you need more detailed guidance on any specific section of the motion or have other questions about the process, feel free to ask. I'm here to help!