My court appointed appeal attorney refuses to subpoena the rest of my negative drug screens to prove to the state that I am not a drug addict the way that the state is accusing.The state is saying that I had two posititve tests out of forty-nine from a span of September 2013 through May 2014. In reality, I went to drug testing over one hundred times, from September 2013 through May 2014 and October 2014 through February 2015.If he states that I only went forty-nine times, he is lying under oath.He also does not return my phone calls.
I tried to speak to the Guardian Ad Litem who opposes me getting my parental rights. He has never spoken to me or observed me with my children but has a say on my appeal. He will not talk to me about the appeal nor about the best interests.
I recommend that you contact an experienced probate attorney that handles guardianships. If you are of limited resources, contact the local legal aid in your area to see if you can get assistance.
Whichever Judge appointed your attorney would presumably be the Judge who would decide whether you should get a new attorney. Try writing something up, explaining your side of the story, and why that supports the idea that a new attorney should be appointed.
Make sure you comply with that court's procedures for filing Motions, including service of the Motion on the attorney you are trying to replace, and whoever else is entitled to oppose your Motion. You don't just file a piece of paper & then get what you want. You file a request (aka a Motion), serve your opponents with a copy, and you schedule a hearing, where the Judge hears from everyone involved.
As to the Guardian Ad Litem, or GAL, you are likely not going to be successful in removing him/her. They were appointed, because the judge or the local courts, know who they are, and they trust him/her enough to serve as a GAL. A GAL is supposed to be the "eyes & ears of the court", and just as we cannot simply remove a judge, because she has ruled against us, we cannot (or at least, should not be able to) remove a GAL, because they see things in a way we do not like.
Better to figure out appropriate ways to get the GAL on your side, if the matter is still pending. Use evidence, and not simply plead for mercy.
By the way, is the matter still ongoing? Or is it over, with the GAL being discharged by the court? That is unclear from your post. Good luck.
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