Today in court the guardian ad litem, who has NOT done any investigating yet, she just got the case this week, made what I beieve to be a ver bad decision and is extremely bias in this case. The judge gave this guardian the power to decide a temporary issue. She gave my wife UNsupervised visitation when their is documented proof of her having a menal illness and the children was taken away from her in Florida because of her mental illness and the judge gave me sole custody and I drove to Florida and brought the girls back to ga.
This guardian made the decision to give my wife UNsupervised visitation on a temporary order, i do have temporary primary custody right now.
I want to fiel a motion to recuse this guardian....
Woodrow Wilson WareFamily Law AttorneyMonroe, GA ·
First and foremost, I am sorry that this has happened, and I certainly hope that the decision that was made does not result in any harm to the children.
You should understand that "bias," or the guardian ad litem's tendency to side with one side over the other, is only inappropriate when it exists before the guardian ad litem knows (or should know) anything about the facts of the case. An example would be a guardian ad litem who always sides with the mother, no matter the circumstances, or a guardian ad litem who always recommends in favor of a certain attorney's client, no matter the circumstances.
As the guardian ad litem investigates the case, the guardian ad litem will naturally be inclined to recommend in favor of one party and against the other. In almost every case involving guardians ad litem, the recommendation does not favor one side, and that side almost always disagrees with the recommendation, and may even feel that the guardian ad litem was unfairly "biased." In your case, though you state that no investigation had been performed before the recommendation, there may have been certain stipluated (or uncontested) facts that were established, and these facts may have been sufficient to support the recommendation (it certainly appears that the judge thought so). There is simply no way to know given the amount of information you have provided.
In your case, you should think carefully before you make what could be a tactical error. It sounds as though the judge has given the guardian ad litem's recommendation as to unsupervised visitation great weight, so much so that you have interpreted this as the judge allowing the guardian ad litem to make the decision (though I doubt that this is what actually happened). This suggests that the judge has a great deal of confidence and trust in this particular guardian ad litem, whether you feel that this trust and confidence is deserved or not. This being the case, how do you think the judge will respond to your attempts to remove this person from your matter? You should tread carefully, as it is seldom wise to unnecessarily irritate the judge who will ultimately decide your case.
You have also mentioned that a Florida judge gave you custody in Florida. There is an important law called the UCCJEA that may come into play in your case. It is possible that the Florida court that gave you custody may still have jurisdiction over the issues of custody, to the exclusion of Georgia courts. If you have not already done so, you should hire a good attorney to assist you with this and all other aspects of your case. Good luck to you.
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
You are always within your right to file a motion seeking that the guardian-ad-litem ("gal") be removed from the case. However, there is no guarantee regarding the likelihood of the motion succeeding. Success will depend on the basis you provide for your request and the arguments presented by any other party (the other parent and/or the gal). There also must be serious consideration given as to the possibility of the motion harming your position in the matter.
Before you draft anything, you should give serious consideration to hiring an attorney. The few facts that you have divulged regarding your case makes it clear that yours is a complicated matter. It is ill-advised for you to attempt to handle it pro se. An attorney can help ensure that your case is presented in the best manner possible, and can help you determine whether attempting to remove the gal would be an appropriate step to take.
Good luck protecting the best interests of your child.
~ Kem Eyo
You can file a motion, but i doubt it will succeed. I am not at all condoning what the GAL decided. I dont have all the facts and cant comment on that. When filing your motion understand that a judge always knows that once the GAL takes any position that one party sees them as brilliant and one sees them as a fool. Thus unless a judge wants to keep reassigning GAL's, the judge will almost always leave them in place. Thus is getting into a fight with the GAL the best step at this time? You need a lawyer, someone who knows the GAL and can talk to them. Please note that a lawyer knowing a GAL will not automatically change that person's opinion, but knowing them means knowing what they look for and being able to address those items. It also sounds odd that a judge would hand the power to make that decision to a GAL and usually the GAL makes a recommendation but the judge decides whether to follow it or not. Maybe its different in your state. Again counsel is best bet, but you may also wish to meet with the GAL to have them explain why they felt the child(ren) are safe unsupervised. Go in willing to listen and not to argue. Knowledge is power in this process. Good luck
