I attended a divorce mediation two months ago after a lengthy divorce. I petitioned the court for and got a guardian ad litem assigned to our case. After 4 months of "investigation", the GAL failed to supply a report until the morning of the mediation!
The GAL decided that my ex wife, who the GAL freely admitted was a prescription drug addict, had falsely accused me of many things and had alienated our daughter from me, should have primary physical custody. The guardian even praised my parenting and involvement with my daughter. The GAL stated the primary reason for her decision is that I had begun dating another woman recently and she was unsure of our plans together and how they would affect our daughter. I told her and reiterated in emails that she and I were in a committed loving relationship and my daughter was clearly very comfortable with this.
Everyone I know was stunned at the outcome, knowing what my ex had done and was doing.
Now I have discovered that this GAL previously worked for the law firm that represented my girl friend's ex husband, and worked on his case! Is this a conflict of interest? In addition, my own divorce attorney is good friends with the GAL!
It could be a conflict of interest if she worked on the other parties case. Discuss this with your attorney. As far as your attorney being friends with the GAL, despite what people believe, most attorneys are friends, or at the very least friendly, with their colleagues even if they work for other firms or represent opposing sides on a case. It's not personal and attorneys do not have to dislike the other attorney to be effective.
This communication does not form an attorney-client relationship. No attorney-client relationship can, or will, be formed without a contract detailing the terms of the relationship and signed by the represented party and an attorney of the firm. Please consult www.bbtlawgroup.com for further information regarding this policy.
You have a lot of conspiracy theories at work. The time to object to the GAL is at the time of appointment, if you suspected a conflict of interest. Once you raise the issue after the GAL returns a report, the court will look at your motion to disqualify as a sandbagging tactic. Your attorney has no conflict of interest, so you can continue with the representation.
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