This GAL recommended my daughter get primary physical custody of her son. She has no criminal record. Her son's father has a violent criminal record and agreed to joint legal custody with my daughter keeping primary physical custody. When she notified an intention to move out of state, the GAL said he would change his recommendation and that the violent criminal record of the father had no bearing on the custody case. He further stated the paternal grandparents wanted custody and if they filed, he was inclined to recommend they get it. My daughter is not unfit, has no criminal background, no history of drug use. How could this criminal father or his parents get custody because she wants to leave the state? She lives in fear of this child's father.
Divorce / Separation Lawyer
GAL's are not judges and they do not make decisions, Judge's make decisions. Paternal Grandparents are not legally able to obtain custody over a natural parent unless their are 4 very specific conditions that exist. Natural parents are preferred custodians. The other factors involved in a relocation determination in custody issues. It is possible that the GAL feels that the child's support system is where the father is at, even if he has a criminal record. You need to consult a local family law attorney in your area to get further assistance, or consult a second attorney if you already have an attorney to get a fresh perspective. Two heads are better than one in this case. Good luck.
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