I currently have 50/50 custody with my ex-wife. Over the last two and a half years since our separation she has consistently violated terms in our final judgement. there has been domestic violence at her house. And she has been punishing the children for normal acts of public affection towards their father. We have an emergency hearing set for next week because I took them to a therapist and after he met with the girls he explained that they showed symptoms of abuse and recommended that I suspend visitation with mom until she's had a mental evaluation and treatment. There have been several documented occasions where she's getting angry behind the wheel and intentionally breaking traffic laws to scare the children. Several times the police have been called about this and 1 time the child reported that she had the wind knocked out of her by the seat belt. When she gets angry she speeds and then she slams on the brakes. I'm filing for bankruptcy, can my aunt (40 years in law, F.L.) be appointed gal. The children are 11, 14, and 16. They want to testify and I have filed a motion to allow them to do so in camera. They trust my aunt and would prefer her.
No, the judge is unlikely to appoint a relative as a guardian ad litem as it is expected that the GAL will be a neutral third party. Normally the parties’ attorneys agree on who the GAL will be or the judge selects someone. If you don’t have an attorney already you should hire one. These types of cases are complicated and you are going to have a hard time effectively representing yourself. Good luck.
It is extremely unlikely that the court would appoint a family member as a GAL. Guardians are supposed to be neutral third parties.
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