What happens when mediation fails and a guardian ad litem is appointed?

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I gave full physical placement to my daughters dad so that he could spend time with her? (I know now this was a bad idea) He then started keeping her from me for weeks at a time, until I filed a motion and got temporary placement (50/50). We are now in a big custody battle and mediation has failed. I have the final court date on Nov. 30 and no one had really told me what this last court date is going to be. I know I have to call witnesses and that's about it. Can someone please clarify for me so I'm better prepared.

Attorney Answers

2
Benjamin Harris ·
If mediation has failed, typically the court will appoint the GAL to represent the best interests of your daughter. Has the GAL made any type of recommendation? You will need to consult with or retain an experienced family law attorney to assist you with this matter. If you try and do this yourself, you run the risk of being stuck with a placement schedule that you might not be able to revisit until two years have passed since the entry of that initial placement order. Good luck.
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Wendy Johnson ·
If the GAL hasn't been appointed by your hearing, request that the court appoint one at that hearing. You will each likely be ordered to pay a deposit to the GAL for their fees. If you cannot afford the deposit, request that the court waive your deposit, allow you to make monthly payments, or order the GAL to investigate and reserve a decision on fees until the final hearing. The GAL would then meet with you and the father. They may meet with the child, depending on age, and speak with others: references you provide, teachers, counselors, day care providers, etc. They may send questionnaires to you and the references. Once the GAL has done an investigation, you and the father will have an opportunity to agree or disagree with the GAL recommendation before proceeding to a final hearing with witnesses, etc. Again, consult an attorney to discuss the specific facts of your case and how to present them to the GAL.
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