Preparing for GAL

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Preparing for GAL

Unread postby americandadof5 » Thu Feb 23, 2017 9:21 am

Mom already had s10 because of summer vacation. She broke news of it when she enrolled him in school. I filed for custody immediately and was granted a pick up order but my legal position was far inferior. The lawyer i was taking advice from at the time reinforced my belief that my acknowledgement of paternity granted me custodial rights equal to the mother. So when i did get s10 back in October, mom quickly dismantled it by disputing paternity had been established in December.

I moved for stays of judgement, temp custody, summary judgement of paternity and return but each judge denied it (3 different judges). Mom didnt agree to paternity until after she got S10 back. I couldnt get a timely special set hearing to save my life and when I did, mom had reestablished physical custody. As of right now S10 has been back with mom since the very end of December, so 2 months now. By the time the hearing comes itll be 4 months
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Re: Preparing for GAL

Unread postby Ohiogal » Thu Feb 23, 2017 11:44 am

americandadof5 wrote:the replies here have been quite calming to a degree. I hope the appointed GAL can cut through the BS and speak objectively in court. I dont necessarily have an axe to grind with mom, I just simply dont think shes equipped to care for S10 on a long term basis, her history shows it and shes shown that she has no consideration to co-parent nor does she cooperate with orders of the court unless they are in her favor.
I swear, if you guys could read the crap she filed as an answer, you'd be face palming so hard. But im losing to this. In the meantime, S10 is being held hostage(not really) and missing out on everything and everyone hes come to know here at home.

How do I turn mom bashing into "Super Dad"?

Do you think less than 60 days is enough for the GAL to conduct a good evaluation? My motion for appointing one cant be heard until the first week of March. Ill have S10 only during the last week of March and the FJ hearing is the last week of April.

Ohio or anyone ....how does a GAL or a judge tend to view the circumstances where one parent unilaterally relocates a child out of bad faith, for example when as in my case, a parent absconds with the child to a new state? That parent will in most cases I believe, try to put on a show for the court and say the child is "flourishing" and "settled in" to their new environment. There's gotta be a way to mitigate against that argument.

I just had that situation on a case that I am a GAL for. I asked the child immediately be returned to the state to the remaining party's temporary custody. The court granted it. And it was mom that absconded. Versus a third party (meaning a third party was granted temporary custody upon my recommendation -- dad was in agreement with this due to various reasons so NO I was not anti dad) -- which is a substantially higher threshold. This happened after an order prohibiting the child from being removed without court permission. Which is probably in your papers if this is NOT an initial order.

You don't mom bash. You phrase it as concerns. " I am concerned because I have been limited in my time since mom moved before the court could allow it and without my agreement because I want to play an active role in my son's life. I was involved consistently and knew his teachers, doctors and etcetera etcetera." I want to hear positives of the parent more than just other parent bashing. "Mom is a scofflaw who left the state and this was done to deprive me of my time."
I am licensed only in Ohio. NOTHING stated by me is legal advice OR forms an attorney/client relationship or is to be taken as me advising you regarding YOUR personal LEGAL circumstances.
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Re: Preparing for GAL

Unread postby Ohiogal » Thu Feb 23, 2017 11:50 am

Fatheroffour wrote:Ill echo steelmark above.

My ex tried to register the kids in a new school in her district. I protested immediately and the court ruled that the kids should stay in their current school until the GAL could investigate. Status quo ruled.

Status quo is the courts greatest bias, which is often mischaracterized as as pro-mom or anti-father. It's not.

I had a case in which I represented father. Mother unenrolled the children after the last day of school, moved to a new city and had possession/status quo. Mom's attorney called me a liar and delusional. The GAL found out that mom was the big fat liar I had said she was and that I could prove it. GAL came down squarely on dad's side. Mom presented well while dad had a criminal history including felonies. Dad got custody but was honest, was willing to facilitate < parenting time > and was involved. We refused to settle and the GAL helped by being the independent person who presented that mom lied.
I am licensed only in Ohio. NOTHING stated by me is legal advice OR forms an attorney/client relationship or is to be taken as me advising you regarding YOUR personal LEGAL circumstances.
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Re: Preparing for GAL

Unread postby Ohiogal » Thu Feb 23, 2017 11:52 am

americandadof5 wrote:Mom already had s10 because of summer vacation. She broke news of it when she enrolled him in school. I filed for custody immediately and was granted a pick up order but my legal position was far inferior. The lawyer i was taking advice from at the time reinforced my belief that my acknowledgement of paternity granted me custodial rights equal to the mother. So when i did get s10 back in October, mom quickly dismantled it by disputing paternity had been established in December.

I moved for stays of judgement, temp custody, summary judgement of paternity and return but each judge denied it (3 different judges). Mom didnt agree to paternity until after she got S10 back. I couldnt get a timely special set hearing to save my life and when I did, mom had reestablished physical custody. As of right now S10 has been back with mom since the very end of December, so 2 months now. By the time the hearing comes itll be 4 months

Question -- why are more civil on this site than you were on the other forums? Because quite frankly you haven't presented everything here that you presented there. At least not in the same way. Take that as a lesson.
I am licensed only in Ohio. NOTHING stated by me is legal advice OR forms an attorney/client relationship or is to be taken as me advising you regarding YOUR personal LEGAL circumstances.
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Re: Preparing for GAL

Unread postby americandadof5 » Thu Feb 23, 2017 12:12 pm

im tired of fighting the tide, but i dont want to give up because my latest judge seems objective. I like that he seemed to care only about S10 being in school, even though thats a plus for mom, but he ordered her to pay all expenses related to transportation to and from for spring break.

As far as being more civil? Well before, i was so caught up in the injustice of it all but i've more or less accepted that the law is what it is right now. So my job wont be to fight against the law, but instead fight within it. The edges that i thought i had really didnt exist. I had read all of these Stanley-like cases about fathers being treated equally in court and not being deprived rights soley because they didnt marry the mother and it pissed me off. I wasnt some scum bag off the street trying to take a kid. I had been there since birth and even more after the separation but here i was being told that mom gets all the say so, judges yelling that my paternity acknowledgement "doesnt matter". So yea, im more civil and determined
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Re: Preparing for GAL

Unread postby Chaos » Thu Feb 23, 2017 2:20 pm

Question -- why are more civil on this site than you were on the other forums? Because quite frankly you haven't presented everything here that you presented there. At least not in the same way. Take that as a lesson.


To be fair, you're more civil on this site than the other one too. It's a good site with a lot of good resources, but new posters are constantly under attack for simply not being educated on the system. Perhaps it's a culture of incivility.
If you can't be a good example, you'll just have to serve as a horrible warning.
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Re: Preparing for GAL

Unread postby americandadof5 » Thu Feb 23, 2017 4:49 pm

Chaos wrote:
Question -- why are more civil on this site than you were on the other forums? Because quite frankly you haven't presented everything here that you presented there. At least not in the same way. Take that as a lesson.


To be fair, you're more civil on this site than the other one too. It's a good site with a lot of good resources, but new posters are constantly under attack for simply not being educated on the system. Perhaps it's a culture of incivility.


I agree it is a good site, but i like objective answers vs subjective and theres alot of the latter there sometime. I want strategy and alternatives vs "you're gonna lose" and this place is good for that.
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Re: Preparing for GAL

Unread postby Trevor » Thu Feb 23, 2017 6:04 pm

Remind me how someone who shares a ten year old child can credibly challenge paternity.
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Re: Preparing for GAL

Unread postby americandadof5 » Thu Feb 23, 2017 7:04 pm

Trevor wrote:Remind me how someone who shares a ten year old child can credibly challenge paternity.

Class is in session.

There seems to be two versions of paternity here in FL for unmarried fathers. A version with custodial rights and one without.

Ver.1 Signing Paternity Acknowledgements and being on the birth certificate creates a rebuttable presumption. After 60 days, if the acknowledgement isnt rescinded, paternity has been established. This 1 of 4 ways and possibly the easiest way for a man to establish paternity for a child born out of wedlock. This mechanism is part of the paternity statute which original purpose was to establish support obligation in men. So for purposes of support, "Paternity was established"

Ver. 2 Court orders of paternity, are agreements, declarations or judgements signed by a judge deeming that man the legal father. This vests him with custodial rights equal to the unmarried mother now. At this point though, hes still without a parenting plan so still behind the mother.

When i filed my initial petition and pick up order, i claimed that paternity had been established as a matter of law, which was true but only ver. 1, but that wasnt the version they were referring to. I searched all over the net and forums to confirm paternity had indeed been established, especially considering i was ordered to pay child support before this. The courts want Ver. 2. though when addressing matters of custody. So mom as a matter of right was able to challenge/dispute my claim of paternity and use it to her advantage to force me to turn over S10 to her. I presented my evidence and asked for a order of paternity but was outright denied and told there was no time, despite the fact they had just gave mom her own ex parte order which wasnt on the docket.

I pretty much went on a "unconstitutional" rant/rampage in the other forum
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Re: Preparing for GAL

Unread postby Chaos » Thu Feb 23, 2017 7:04 pm

I agree it is a good site, but i like objective answers vs subjective and theres alot of the latter there sometime. I want strategy and alternatives vs "you're gonna lose" and this place is good for that.


Third parties are a sticking point for me over there. Watch Bart turn away a third party sometime. It comes up a few times a month. You will never see him as polite as he is when he turns away a third party or a mother. He might as well be serving them sweet tea on the way out. Just a very different approach. It would be nice to see that spread.

/threadjack.

Trevor wrote:Remind me how someone who shares a ten year old child can credibly challenge paternity.


Sounds like paternity wasn't legally established until recently and when he filed, she challenged it to get the upper hand.

ETA: or what he said.
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