QUESTION
Can a guardian ad litum reccomend kids to go to state custody
Asked on Feb 17th, 2021 on Child Custody - Virginia
More details to this question:
My 2youngest children have been in the care of a close friend who helped me as I was struggling and a single mom of 5 .I explained to her that I wanted to modify our court order because I'm doing much better now and want my boys to come back home with me. We were appointed a guardian ad litum who I spoke with and he dead set on using my fiance's criminal record against me in court ,which he does have a record from 9 years ago. He did his time but the guardian ad litum us stating that both me and the friend who has my kids need to get along or he will reccomend my kids be put in care of the state. He does not like that she has a boyfriend who has a criminal record as well and he does not like that we aren't getting along because she and I are seeing different points to things.I have not been involved like I should with my boys but I'm trying to now.He apparently tells her I'm not getting my kids back from her because of this . She and I both dont want my kids to be taken into state cust
1 ANSWER
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Mr. Breeden,
In response to your question, do not accept the statements of the other party as fact. Contact the guardian ad litem directly and ask what his recommendation is. The criminal record of your fiance may be a concern, depending on what the nature of the crime was.
Litigation generally creates tension between the parties. In any motion to amend, you must first demonstrate that there has been a material change in circumstances since the entry of the current order. Then, you must demonstrate that what you are asking for is in the best interest of the children.
The duties of the GAL are established in the Standards to Govern the Performance of Guardians ad litem for Children* which is available on vacourts.gov.
If the guardian ad litem has previously represented the other parent, they would be conflicted from representing the children.
* http://vacourts.gov/courtadmin/aoc/cip/programs/gal/children/gal_performance_standards_children.pdf)
Answered on Feb 19th, 2021 at 6:15 AM