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  1. #1
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    Jun 2017
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    Question Guardian Ad Litem Appointed in a Custody Case but Not Needed

    My question involves a child custody case from the State of: FLORIDA

    Fast background of my situation....3 years ago my Ex-wife decided to move out of state and try to take my son with her without telling me until last minute. She filed nothing with the courts and just assumed I would agree with it. I filed paperwork for an emergency hearing to stop her from taking my son and then a long court battle started. After a year and half in court, I am now the Primary parent, my son lives with me full-time and my ex-wife pays me child support, however, she is what we all know as a sore-loser. She cannot take a loss on ANYTHING even when everything is against her, so she filed for a re-hearing and it was denied, she appealed the decision and after 6 months in appeals court, it was once again all denied and ruled in my favor, then she tried to have the Judge on the case removed which was again denied. She just never gives up!!

    That said, now she filed to have a Guardian Ad Litem appointed and the Judge approved it, probably because he is tired of all her crap. My question is, is there anything I can do now to change this?? After 3 years now, the last thing I need is someone else going back through the case and starting everything over again for no reason!! Everything my ex has filed against me has been denied and she has lost everything, yet it just goes on and on and on....She even filed a false DCF claim against me and my wife alleging abuse to our kids, but of course, after a 2 month investigation by DCF interviewing Me, My Wife, Family, Friends and our Kids, it was found that there was NO abuse and out children were perfectly happy and live in a nice home with everything they could want and that the claim was filed out of a malicious intent!! So how would a Guardian Ad Litem do any differently.....They Wont!!

    I am trying to go on with my life and live happily with my family and kids, yet my ex-wife wont let it happen and files everything she can against me.

    So can I do anything to change the decision on the Guardian Ad Litem? I also cannot afford to pay for this and especially since I didnt want or need it in the first place, so now what?

    Thanks in advance for any and all information!

  2. #2
    Join Date
    Mar 2013
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    Quote Quoting Breezy70
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    So can I do anything to change the decision on the Guardian Ad Litem? I also cannot afford to pay for this and especially since I didnt want or need it in the first place, so now what?
    You go back to court with a motion to cancel the GAL and hope the judge will agree.

    Your ex is fighting a war of attrition and apparently has plenty of money for protracted litigation. If you don't have the money to meet her dollar for dollar she will eventually overwhelm you until you give up.

    Sorry, but that's how it goes.

  3. #3
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    Jul 2018
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    Quote Quoting Breezy70
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    My question is, is there anything I can do now to change this?
    Change what? I doubt the court will reconsider the appointment of the guardian ad litem if that's what you're asking. Throughout all the legal battles you described did/do you have an attorney?


    Quote Quoting Breezy70
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    After 3 years now, the last thing I need is someone else going back through the case and starting everything over again for no reason!
    Nothing in the history of the world has ever been done "for no reason," so your concern is moot.


    Quote Quoting Breezy70
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    can I do anything to change the decision on the Guardian Ad Litem?
    You're free to seek reconsideration from the judge who ordered the appointment. You're free to appeal that ruling.

  4. #4
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    Jun 2017
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    Yes, I had an attorney throughout the entire case, however, after winning the case and spending $20,000 in Court and Attorney fees, I am no longer represented. My Ex-wife is about $40,000 in debt due to attorney fees, yet she keeps on and on and on and EVERY time gets denied, except now for this Guardian Ad Litem thing.....It's ridiculous.

    Instead of accepting the facts and the outcome, she keeps going and blowing money that honestly could be used for our son or in a savings account for when he is older, but she doesnt see that, she just somehow someway wants a "Win" in something.

    Is it acceptable to send the Judge a letter asking for Reconsideration on this? Can I file anything to try to have the GAL canceled?

  5. #5
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    Jul 2018
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    First, sending letters to judges is not the appropriate way to raise issues.

    Second, family law judges are not in the habit of reversing orders they have made in the absence of either (a) a change of circumstances since the time an order was entered, or (b) new statutory or case law or newly discovered facts or evidence that could not previously have been discovered or brought to the court's attention through reasonable diligence. Since your post does not suggest that anything has changed since the GAL was ordered, there is no reason to believe that the court would reverse that decision.

  6. #6
    Join Date
    Jun 2017
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    So a follow up on this........

    My ex-wife's attorney sent me a private email with a list of 10 people to be the GAL. However, on this list, 1 of the people was my Current ex-wife's attorney, 1 was my ex-wife's former attorney and 1 was another attorney with the same law firm as her current attorney!! Seems like they were hoping I wouldn't catch it and hoping to make this all as one-sided as possible.

    Big question is....Do you get to actually choose who the GAL is? Seems like that is super unfair and biased towards one side if so.
    Also, EVERYTHING went against my ex-wife over the past 3 years this case has been going on, so what does the GAL or Court even think they will get out of this all or find?

  7. #7
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    Jul 2018
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    Default Re: Guardian Ad Litem Appointed and Not Needed

    Quote Quoting Breezy70
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    Seems like they were hoping I wouldn't catch it and hoping to make this all as one-sided as possible.
    But you did catch it, so big whoop.


    Quote Quoting Breezy70
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    Do you get to actually choose who the GAL is?
    You'd have to ask a FL family law attorney. However, it wouldn't surprise me if the court would approve someone if both parties agreed.


    Quote Quoting Breezy70
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    what does the GAL or Court even think they will get out of this all or find?
    We have no ability to read anyone's mind.

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