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  1. #1
    Join Date
    Mar 2015
    Posts
    2

    Default Guardian ad Litem is Sharing Personal Information

    My question involves legal malpractice in the state of Colorado.

    I'm in a dependant and neglect case and I am currently trying to get custody of my daughter because my ex girlfriend is a drug addict. So basically the Guardian Ad Litem had concerns of me in which I addressed and mitigated by providing documentation. Even while providing everything social services and the GAL have asked. The GAL during the cases still says she has concerns but doesn't give any specifics. She knows the special respondants on a personal level as well.

    The issue and concern I have though is that she has been giving my information (mental health records, divorce information, etc) to the special respondants. I was informed of this by my attorney and the case worker. There is no disposition in the case yet. Clearly what she has been doing is going outside the scope of her duties right? I believe that is a violation of my privacy rights when the special respondants were not required to have that information or had permission.

    Am I able to sue the GAL? Again she gave out hard copies of my personal information to people who are not part of the judicial system at all and didn't need to have it on the first place

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Guardian Ad Litem Freely Giving Away My Personal Information

    You have an attorney. What did he/she/it say when you asked him/her/it your question?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Guardian Ad Litem Freely Giving Away My Personal Information

    Quote Quoting pinoiz7
    View Post
    My question involves legal malpractice in the state of Colorado.

    I'm in a dependant and neglect case and I am currently trying to get custody of my daughter because my ex girlfriend is a drug addict. So basically the Guardian Ad Litem had concerns of me in which I addressed and mitigated by providing documentation. Even while providing everything social services and the GAL have asked. The GAL during the cases still says she has concerns but doesn't give any specifics. She knows the special respondants on a personal level as well.

    The issue and concern I have though is that she has been giving my information (mental health records, divorce information, etc) to the special respondants. I was informed of this by my attorney and the case worker. There is no disposition in the case yet. Clearly what she has been doing is going outside the scope of her duties right? I believe that is a violation of my privacy rights when the special respondants were not required to have that information or had permission.

    Am I able to sue the GAL? Again she gave out hard copies of my personal information to people who are not part of the judicial system at all and didn't need to have it on the first place
    Who are the "special respondents"?

  4. #4
    Join Date
    Mar 2015
    Posts
    2

    Default Re: Guardian Ad Litem Freely Giving Away My Personal Information

    Quote Quoting BooRennie
    View Post
    You have an attorney. What did he/she/it say when you asked him/her/it your question?
    My attorney told me to file a complaint with The Office of Child Representatives. I did that but I'm not sure how effective that will be or if it will be enough to replace the GAL. So I was wondering if I had any other options in case that fell through.

    - - - Updated - - -

    The special respondants are my ex girlfriend parents. They have temporary custody of my daughter. They have been doing everything they can to try and keep her but the judge clearly stated in the last hearing "they have no say in the case and that the child will be returned to one of the parents." Also in the last hearing the GAL was acting as their attorney even though they didn't have any representation. Right now I am the only parent that has been spending time with my daughter and doing everything else requested of me. Social services has seen my efforts and recommended I get custody of my daughter. Of course my ex, the GAL, and the special respondants objected the plan. Before that the special respondants wrote a letter asking the court post pone the decision. I also found out it was the GAL that told/helped them right the letter

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