Anonymous
Anonymous asked in Family & RelationshipsFamily · 1 decade ago

What exactly does a Law Guardian do (court assigned to my 8 and 9 year old)?

Short version

- A cancerous tumor was found on ex-wives brain and removed Christmas eve. (I didn't know prior)

- dropped our 2 minor children off at ex-inlaws Christmas eve. to go see mother.

- Could not locate boys all week

- Filed for emergency temp custody Yesterday (Friday)(Already had 50/50 legal, placement with Mother. I got every weekend and a couple days during week - 3 1/2 years with no prior issues) Looking for full Temp placement with me until she is better.

- Court yesterday as ex-wife still in ICU.

- Ex-mother in law produced letter with scribble signature on bottom that my ex wants children placed with her mom not me.

- Judge gave kids to me but I have to take them to her moms Monday.

- He assigned a for the boys and set another court date for Wednesday.

- I know that a law guardian represents the best interest of the kids, but what are they doing until Wednesday to sort this mess out? (interview me? ex? School?)

My sons are 8 and 9 years

Update:

are married to mom? - No

has paternity already been established naming you as the biological father? - YES

Do you have counsel? - YES

Is mom (icu) uncouscious or is she just very sick. Can she talk? Write? Barley could read her signature. Kids talked to her on the phone Thursday (havn't seen her yet) and said that she could hardly talk and was using the wrong words ALOT when she did speak.

Update 2:

Acea M - the not married means divorced 3 years ago.

Update 3:

omarchavezmcse - I told the boys that I would like them to stay with me when mom is sick and then go back like before when she is better but Mom and Grandma want them to stay with Grandma. I told them that they are going to be asked some questions as as long as they don't lie, I wont be mad at all with anything they say. I'll only be mad at them if they don't answer truthful.

Update 4:

judy y - I am so there for my boys. On Christmas eve I had an arrangement worked out with my ex's Fiance that would have worked great for the kids to make sure they got to see mom, to school and they were taken well care of. He called me after talking with my ex prior to surgery. PROBLEM. He isn't familiy yet and has no say - Grand ma marched in ----

Update 5:

judy y - I am so there for my boys. On Christmas eve I had an arrangement worked out with my ex's Fiance that would have worked great for the kids to make sure they got to see mom, to school and they were taken well care of. He called me after talking with my ex prior to surgery. PROBLEM. He isn't familiy yet and has no say - Grand ma marched in ----

5 Answers

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  • Kim
    Lv 6
    1 decade ago
    Best Answer

    OMG Woof! This an awful thing to have happen for all involved. Why didn't your ex plan this out before her surgery?? If custody has already been established at 50/50, I don't see why any judge would favor the grandmother now. They may have appointed the GAL because they want to avoid fighting over the boys while their mom is sick. The grandma may have had your ex sign while she was out of it so she could have control. The courts can spot a controling person from a mile away. What an awful thing for her to do. Why didn't she just ask you if the boys could stay with her while the mom was sick? I would point this out to the courts. Tell them the mother had plenty of time to make changes before the surgery if she really wanted to. That if she was worried about the kids being with you, she would have signed them over to her mother before she went in. I smell a RAT Woofer, and I think she's not acting in the kids' best interest at all. She's being selfish.

    I'll be thinking of you and hoping for the best. I think and hope it'll all work out for the best! I'm here if you need anything.

    *hugs*

  • 1 decade ago

    Youre right it is a law gaurdians job to protect the rights of your children. Since your ex has stated that she prefers that children remain with her parents the gaurdian must speak with you and your children to determine if there is any reasonable basis for this. It is her job to give an unbiased opinion to the judge. She will ask the kids what they want she will investigate if the reasons your ex has to keep you from having full custody are valid, for example if you are abusive or drugs or if you are unable to provide a stable home, If she decides that that none of these things are true and that the reasons are more about animosity that your ex has toward you than you should not have any problem getting custody. The law gaurdian will interview everybody ex, inlaws school .Try very hard not to involve your kids in the fighting or to influence their views,Law gaurdians do not look at this kind of manipulation of a child kindly and it could work against you. I will pray for you and your kids.I think it is horrible at a time like this that people cant come together and look out for the kids so as not to burden them any further. Their mother may die they dont need any more grief. You sound like a nice man I hope it works out for you. No parent should spend even one moment not knowing where their kids are. It was wrong of your in laws to do this. I know you maybe angry dont let it affect your future relations with them.Remember that at this difficult time they may not be thinking clearly.

  • 1 decade ago

    Sorry to hear you're in such a predicament.

    As you correctly said, Guardians Ad Litem are appointed by the Court to represent the best interests of the minors (they're usually volunteers with a background in mental health, education or social work).

    Considering the age of your kids, it's very likely that the GAL will interview your boys to consider what THEY think would be best (don't coach them, let them answer truthfully, as the GALs will know when children have been spoon-fed the answers in favor of one side, and you don't want the GAL to have the impression that you're trying to manipulate the boys). The GAL will probably also interview you and your ex-Mother-in-Law, as well as possibly teachers and neighbors, depending on time constrains (sometimes they do it over the phone).

    Just for clarification, in most states the GAL has no decision-making authority, they're simply trusted advisors to the Court, and they will plainly declare what they think is best for the kids. Judges will consider what you have to said, and what your ex-family has to say, and then make a decision considering the information provided by the 3 sides.

    Some judges go about it in reverse, they see the evidence presented between the 2 sides, make a decision and then simply ask the GAL if they think such decision would not be detrimental to the kids. In those cases, the GAL simply answers "yes" or "no" and the judge then issues his/her ruling.

    Hope it helped and best of luck.

  • 1 decade ago

    Calm down! Think of your children first. Think of how scared they are. Now you need to think about what's best for them. Is it in their best interest to stay with mom's family or with you. What about school? Will the location dictate which school they attend? Friends. They will need their friends near them. Are you willing to take them to see their mother every day? Lots to think about, plus you have to hope for the very best for your x. The Guardian will have a say in court about what they unearth about you, your x, her family, your children. They are on your children's "side". They may contact anyone they please. Since you have been very involved in your children's lives, I am sure they are fine with you during this difficult time. Don't bad mouth mom's family, it'll hurt your kids. Can you work it out so everyone stays involved with the boys. Could that be in their best interest? Approach x-inlaw and see what you can develop as a team. That will impress the courts and show cooperation. Good Luck, Put the boys first.

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  • 1 decade ago

    are married to mom?

    has paternity already been established naming you as the biological father?

    Do you have counsel?

    Is mom (icu) uncouscious or is she just very sick. Can she talk? Write? more information is needed to try to answer this question

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