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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?

Attorney Answers 3


  1. Best answer

    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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  2. 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.


  3. 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.

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