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Can I sue a guardian ad litem for gross negligence, breach of duty, fraud in my divorce case in Ohio?

Delaware, OH |

The guardian ad litem did not follow procedure rule 48. I provided leads, witnesses, and expert witnesses. He never observed me with my children, And at the time of his only report. The gal stated he had visited my home when he had not. I filed two motions to remove the gal. Both were denied without a hearing. Despite 13 exhibits including my ex wife's two doctors letters stating the gal had not contacted them. Then the gal recommended custody to my ex. The gal was appointed for one year and eleven months. My ex and I settled on shared custody. I received less than 50/50.
Much more to this case. This case cost me $50,000 I could not afford to appeal, and I could not take a chance on my ex getting full custody. Their is evidence of neglect since the divorce.

Attorney Answers 3

Posted

I am sorry to hear about your situation. My suggestion would be to contact a family attorney in your area who can give you the best possible advice.

Good luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Under Ohio law, a guardian ad litem has absolute immunity from actions arising out of the performance of duties mandated by his or her role as advocate for the child in judicial proceedings. The rationale is that a guardian ad litem must be allowed to act in the best interests of the child without worrying about exposure to future legal action. If you have additional questions, I recommend that you contact a family law attorney in your area.

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Posted

No, but after $50,000 you should have tried the appeal. The letters from the doctors are not evidence that would be admissible at a hearing.

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