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Guardian Ad Litem - Second Round - Ohio

Madison, OH |

Two+ years ago custody suit began. I requested Ad Litem and Psyche Evals and paid for both accordingly. A few weeks ago (yet another ignored abuse hearing) Magistrate demands a second round of the above even though I filed indigent (I've lost everything, including my job recently over these never ending issues with the Defendant, yet I'm being demanded in 30 days or less to pull hundreds of dollars out of thin air which isn't possible.) As such, contempt is expected.

Any references to ORC or Ohio Supreme would be greatly helpful if there's protection against "financial punishment" as I've come to call it.

Note 1: Ohio notes "10 steps" Ad Litem is required to follow which was failed horribly the last time she was hired. The same Ad Litem is being chosen. Objection to the Ad Litem, etc. has been filed and hearing is set for a week from now (thankfully) but I need to be as prepared as possible - just denoting "extortion" or being open about "last time" I doubt is going to be enough. Note 2: The "order" for Ad Litem and additional Psyche Review was combined on the Magistrate's "Order To Appear" -- would this not be required to be done as separate orders?

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Attorney answers 3

Posted

Ohio Superintendance Rule 48 (Sup. R 48) governs Guardian Ad Litem appointments in general terms. I would also refer you to your court's Local Rules, which may have additional rules pertaining to the Guardian.

I would highly recommend consulting an experienced attorney to help with your issues.

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Posted

It sounds like you have a lot of issue with the GAL and you're working on them with the removal. In MN, clients who meet certain income guidelines can have the payment to the GAL waived. The only other advice I can give is to check with Ohio law or an Ohio family lawyer to see if there is a similar provision and if so whether you qualify for it.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Asker

Posted

A "lot" - not really. The GAL is actually a nice person, only her practices don't comply to requirement. The state stipulations denote ten requirements for GAL representation; four of which went undone, two (very important) factors were incomplete (the first time.) One would hope the second time around served more thoroughly, but it's an expensive "hopeful" regardless if I had the additional thousands of dollars to sponsor it again. In addition, tax on GAL fees are supposed to be civil, not criminal, but I've already been held in contempt this last time after being invoiced more than 2x the "on record" value was supposed to be, thus the inquiry. Thank you for your time and efforts.

Posted

Unfortunately, I suspect that you are currently reaping the rewards of your attempt to handle this matter yourself without legal assistance. Had you paid for proper legal representation at the time this case began, (at the time you are still employed), it is likely that the case would be resolved by now, with much less personal cost to you. Now, you are looking for someone to condense three years of law school and innumerable years of personal experience into a few sentences on a website - you are asking for the impossible.

Also, you should understand this, it is unlikely you will be able to demonstrate that the GAL has acted improperly on your own, because most such complaints by an unrepresented individuals, tend to sound like "sour grapes".

IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

Asker

Posted

Attorney was hired June, 2010 (motions/complaint first filed.) Attorney was released July, 2011 denoting "...a losing battle via bias." I had hoped for "off the top of one's head" regarding ORC, RC/local chapter, not condensed law school/bar exam. Forgive me if I've come across as "sour grapes" - this was not intended. Should you have had a three year old whose life depended on your actions, selling off everything you own, going $30K+ in credit/loan debt and doing everything imaginable would be hoped for any father trying to protect his son. I am. It's the same assumptive attitude that causes such bias in the legal system. Forgive me if I've seemingly bothered you - you did not have to respond.

Brian Scott Piper

Brian Scott Piper

Posted

Actually, I did not mean that you sounded like "sour grapes" - what I was saying was that when people attempt to challenge the GAL on their own - it tends to come off that way to the Court. That is why I was saying you need representation for at least that aspect of your case. An attorney can question the actions (or inactions) of the GAL without the personal involvment you will have creep into the presentation. As to the reference to the statutes - there is not one provision anyone can point you to that will cover all the bases. 3109.04 is the starting point, and the Ohio Rules of Evidence are another essential. The Ohio State Rule of Superintendance #48 provisions on GAL's would be another essential topic to review as well as any local rules that apply to guardians. Also you will want to search case law data bases on cases dealing with "best interest" with respect to chldren.

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