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Posted: 5/15/2003 7:51:21 PM EDT
Here is the deal. I am totally freaked out. At my default divorce hearing here in WI today, it came out that my wife is pregnant. The chances of it being mine are very slim. She doesn't claim that it's mine either, and stated that it's not on the stand. However, despite my lawyer's contention that I also knew it wasn't mine, the Court Commisioner adjourned for a new hearing and appointed a Guardian Ad Litem. According to my lawyer, this is just going to take more time and some more money in the form of attorney fees, but isn't a real problem. We have a signed settlement agreement that takes care of all the issues EXCEPT a preegnancy. In WI (as well as MI I am told) since she is still my wife I am responsible for the child until we are divorced. What is this Guardian Ad Litem, and what can I expect out of this? TIA guys.
Link Posted: 5/15/2003 7:58:55 PM EDT
Link Posted: 5/15/2003 8:45:50 PM EDT
As I know it, Guardian Ad Litums function as court appointed advocates for the childs interest. (Family law is all about the best interest of the child.) The Guardian embodies this notion. They advocate for the child only whereas an attorney can advocate for both. Yet, the Guardian can sometimes override or advocate something completly different than what an attorney wants. (as stated before, they do have great power.) Anyway, in your situation I don't see that as being much of a problem until such time the child is determined to be yours. The Guardain will not be able to inflict much weight to your case at the moment.
Link Posted: 5/15/2003 9:03:11 PM EDT
The GAL is basically the lawyer for the kid. The only real diff is that you have to pay for the cost of the GAL, not the kid. The report of the GAL holds a lot of weight with the court and the court usually follows the advice of the GAL.
Link Posted: 5/15/2003 9:10:19 PM EDT
Ok, so what do I expect to happen at the next hearing? Will this GAL interview me? Any ideas what they would recommend in our case?
Link Posted: 5/16/2003 10:11:08 AM EDT
You should address all of these questions to your lawyer, not the AR15.com board.
Link Posted: 5/16/2003 10:24:13 AM EDT
Originally Posted By dbrowne1: You should address all of these questions to your lawyer, not the AR15.com board.
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This might not be the best place to get his [i]answers[/i], but, I guarantee that after about an hour, he'll sure the hell know what the right [i]questions[/i] are![;D]
Link Posted: 5/16/2003 10:42:08 AM EDT
The GAL is an attorney who represents the best interests of the child. It is an independent 3rd party and it will be paid by the parties to the divorce.
Link Posted: 5/16/2003 11:08:18 AM EDT
Link Posted: 5/16/2003 11:20:41 AM EDT
Let me start by saying IANAL. Don't take advice from this board. Talk to your lawyer. The GAL will conduct an investigation and interview those people that he/she feels necessary to complete the investigation. The GAL will usually then write a report with recommendations and findings in it. The report from the GAL is very important. If the GAL's report is against you, then your chances of success are much lower.
Link Posted: 5/16/2003 6:46:27 PM EDT
[Last Edit: 5/16/2003 6:47:40 PM EDT by VA-gunnut]
Link Posted: 5/16/2003 7:05:45 PM EDT
Link Posted: 5/17/2003 7:17:00 AM EDT
My lawyer is pretty good, and also kind of expensive. I would love to go in and chat with him for an hour about this crap......but can't afford it. He already knows what I want: if it really isn't mine, divorce and walk away, if it IS then I would want at least visitation and I would also pay a fair amount of support without any problem. He already assured me that we can get what we want. The money I spend on the lawyer is going to be spent in the courtroom. The less I spend to have my lawyer just make me feel better, the more I can spend in the courtroom where it counts!
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