what if the gal isn't an attorney ohio

If your GAL isn’t doing her job, your best bet is still going to be to grin and bear it. If you’re professional, reasonable, and rational, she won’t be able to find much fault with you. Even if she doesn’t talk to you until right before the hearing, it’s best not to make too big of a stink about it.

Full Answer

What is a gal in court in Ohio?

A Guardian ad Litem (GAL for short) is a person appointed to represent the interests of a child. The GAL does not represent either parent, or any other party other than that child. A GAL is usually an attorney, although Ohio law (specifically, Ohio Rule of Juvenile Procedure 4) does not require that a GAL be an attorney.

What happens if a Gal does not appoint an attorney?

Mar 02, 2013 · Nolan, 2012 Ohio 3736 (2012), the appellate court went into detail about the rule governing the specific tasks that a Guardian ad Litem is supposed to do as part of their assignment and determined that if the Guardian ad Litem falls well below the minimum standards of Rule 48, it may be an abuse of discretion for the trial court to consider the GAL’s report and …

Can an attorney be both counsel and guardian ad litem in Ohio?

Ohio Guardian ad Litem Education Program. SUPREME COURT OF OHIO EDUCATION OPPORTUNITIES. Rule 48 of the Rules of Superintendence for the Courts of Ohio (Sup.R. 48) governs guardians ad litem in Ohio. New GALs shall complete 12 hours of education provided by the Supreme Court, Ohio CASA, or with the court’s approval, another provider.

What is a gal in a custody case?

In re C.T., 119 Ohio St. 3d 494, 2008-Ohio-4570 – Syllabus: "A guardian ad litem has authority under R.C. 2151.281(I) and 2151.415(F) to file and prosecute a motion to terminate parental rights and award permanent custody in a child welfare case. Reverses In re C.T., 174 Ohio App. 3d 594, 2007-Ohio-6970.The referenced provisions provide independent statutory authority for the GAL …

What is a GAL in court?

A GAL is also responsible for reviewing court pleadings, filing necessary motions if the GAL is an attorney, requesting records regarding the child, speaking to witnesses, and gathering any additional information that may be necessary to complete his/her investigation.

What is the role of a Guardian Ad Litem?

The role of the Guardian Ad Litem is to represent the best interests of the child (ren), be it in a juvenile or domestic court case such as a divorce , dissolution or child custody and parenting time action. Unlike a guardian for an individual in probate court, the Guardian Ad Litem in domestic and juvenile courts does not take over the affairs ...

What To Do When The Guardian Ad Litem Is Not Doing A Thorough Job

Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case.

When The Guardian ad Litem Fails

In summary, if the Guardian ad Litem failed to perform some or most of the above-listed tasks, then your attorney should move the court to exclude the testimony and recommendation as not being competent or credible evidence in the ultimate decision.

What is the purpose of a guardian ad litem in Ohio?

Ohio courts appoint guardians ad litem to represent children in proceedings filed in the Domestic, Juvenile, Probate and General Divisions of the Court of Common Pleas. No minimum practice standards exist in Ohio to guide guardians ad litem in performing their primary duty to represent the best interest of the child.

When the court appoints a guardian ad litem in any proceeding involving

When the court appoints a guardian ad litem in any proceeding involving a minor child , the guardian ad litem shall act in the best interest of the child and shall perform the following minimum duties unless impracticable or inadvisable to do so:

How many complaints were filed in Ohio in 2000?

Ohio Supreme Court statistics indicate that 16,601 complaints were filed in Ohio courts in 2000 alleging a child to be dependent, neglected, and/or abused. In a majority of these cases a guardian ad litem was appointed to represent the minor child. It is significant that the child rarely appears in court in a majority of these proceedings and depends upon the adults present to protect his or her interests.

What is Guardian ad litem?

Guardians ad litem serve diverse roles in proceedings that involve abuse and neglect, termination of parental rights, and custody issues in the juvenile, domestic relations, and probate divisions, and real property rights and economic interests in probate, juvenile, and general divisions. An applicable uniform definition is as follows:

How long does a guardian ad litem stay on a case?

The guardian ad litem should remain on the case until his or her duty is effectively discharged pursuant to statute or by leave of court. Whenever feasible, the same guardian ad litem should be re-appointed in any subsequent filings related to the child’s best interest.

What is the Task Force on Guardian Ad Litem?

The Task Force recommends that guardian ad litem duties and responsibilities be defined, that the courts establish an application and review process for individuals seeking appointment as a guardian ad litem to ensure that appointees are competent to perform guardian ad litem duties, that training for guardians ad litem be provided , and that adequate sources of funding be established for payment of guardians ad litem. Specific recommendations of the Task Force are as follows:

How many hours of training is required for guardianship?

Thereafter, a guardian ad litem shall complete a minimum of three (3) hours of specific training per year to be allowed to qualify for continued appointment;

Why do judges appoint GALs?

Commonly, when a judge appoints a person to serve as GAL, it is because the court has confidence in that person’s ability and integrity — impeaching that person could be viewed dimly by the court.

What is a GAL in custody?

The guardian ad litem (GAL) in a custody case is in a position to make or break the case for either party second only to the trial judge and the parties themselves. For that reason, attorneys and litigants alike are well-advised to work cooperatively with the GAL during litigation. In the ideal world, the GAL is able to perform a quick yet thorough investigation and give insightful advice to both counsel that will allow their parties to reach an amicable resolution of custody and/or visitation issues that is in the best interests of the children involved. Unfortunately, we do not practice in a perfect world. One party’s perception of what is best for the children frequently varies significantly from the other party’s perception. When the parties simply cannot agree on a way to handle custody and visitation, the GAL’s investigation and recommendations become central to the trial of a custody case. The GAL’s recommendation is likely to be received poorly by at least one of the parties.

How does impeachment affect a GAL?

GALs are human and are subject to becoming prejudiced or biased toward a party. Impeaching a GAL by showing prejudice or bias is similar to showing a conflict, except that the prejudice or bias may be based upon some preconceived notion about a party that has nothing to do with a previous relationship. A prejudice or bias may even arise during the litigation. If it is not based entirely upon facts that are relevant to the case and related to the best interests of the children, it probably has no place in the litigation. If such a prejudice or bias can be shown to influence the GAL’s position, it may be a sufficient showing to impeach the GAL’s recommendation.

What is the role of a GAL?

Almost universally, the GAL would attend depositions, mediation, settlement conferences and hearings. The GAL usually is empowered to conduct discovery.

How is justice done?

Justice is done by applying the law to the actual facts of the case. Our system becomes adversarial when we disagree over which law applies in a given circumstance and what the relevant facts are. Research and legal arguments educate us as to the applicable law. Discovery educates us as to the facts.

What is the basis for a GAL?

Since the GAL now functions as an expert witness, the basis for the GAL’s findings and recommendations is vital knowledge that the parties need. In order to cross-examine a GAL and, if necessary, impeach the GAL, the parties need to know what the GAL did or did not do, what conclusions he made, and to what extent he based his position on those conclusions. Traditionally, the GAL has not been subject to discovery. Now that the GAL is an “expert witness,” should the GAL be subject to discovery? Absolutely — other expert witnesses certainly are.

What is the position of a GAL?

The GAL’s position in a case should be based upon what he has learned in the performance of his duties. If it can be shown that the GAL did not properly perform those duties, his position in the case may be impeached. The GAL may unwittingly provide the attorney with what he needs in order to impeach his performance.