Asked about 1 year ago - Orlando, FL
FlagIf a guardian ad litem was appointed but doesn't return phone calls or emails and has had no contact for 6 weeks, what can be done to request a new one?? Aren't there laws that they need to follow?? Also, are GALs allowed to ask children if they want to spend more or less time with one parent or the other??
In the 9th circuit, GALs are attorneys whereas in other circuits they do not have to be an attorney. Your post shows Orlando, but does not specify in which circuit your case is. In any event, it might not be prudent to request removal whether you have funds invested or not. Guardians Ad Litem are required to file a report 20 days prior to trial. They are not required to do any interim reports but sometimes do if there are circumstances to warrant emergency or expedited attention of the Court. The GAL serves at the pleasure of the Court, not the parties, so even if you don't like the GAL the Court is the entity for whom a GAL works, not the parties. These reports frequently are not completed until the time required because these cases sometimes take a long time and the analysis and facts can change over time while the case is pending.
As far as whether the GAL may ask the children their preference for timesharing (where the children want to live during what time frames) the question is not only permissible, but one of the statutory criteria the GAL is required to address and report to the Court.
If you are represented by Counsel, I suggest you have an in depth conversation with your attorney about the GAL and what to expect. If you are unrepresented, at least consult with an attorney who practices primarily family law and make sure you understand the process and develop realistic expectations so you do not become frustrated with the process. You should also review the applicable statutes so you know what the GAL is looking for to report to the Court.
No attorney client relationship is created by this answer. No action will be taken on your behalf.
YOu can file a motion to discharge the guardian ad litem, but I don't think I've ever seen one granted in this type of circumstance. It's not unusual for a guardian to wait until near the last moment to complete reports. There are no laws regarding timeframes for these reports. Guardians are permitted to ask children where they prefer to live, but the practice would be unusal. Guardians don't want to put children in the middle of the parents.
The other answers given are excellent. What type of case is it? We do not know whether it is a dcf dependency petition or perhaps a divorce. If you already have an attorney, which you should in either event, you need to consult with that person. Chances of getting the guardian ad litem replaced are slim.
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