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BM Didn't Pay Her Deposit For GAL!!

MollyBee's picture

Submitted by MollyBee on Thu, 09/10/2009 - 6:33am

This woman, who SD8 calls her mother, had her attorney file a request for a GAL. Of course the judge went for it. At that time (august 10) the judge ruled that FH and BM had to each pay a $750 deposit for the GAL. Well, FH paid, but BM hasn't. The deadline was close of business 9/9/09. BM also had until August 30 to pay over $300 in fines for her last drug possession charge she got in July. She still hasn't paid that off either. But when FH went to pick up SD8 for the weekend he noticed BM had a brand new blackberry and SD8 had a brand new outfit on. (hideous, I might add. Mini skirt with knee high stockings and a tank top. Her mother said, this is a school outfit makes sure she changes when she gets to your house)
The judge said that failure to pay for the GAL can result in a punishment of jail or fines. This BM is the luckiest girl in the world though, and I have a feeling the court will forget about her failing to pay the GAL deposit on time. I just don't understand why the parent that requested the GAL doesn't pay for it like she is supposed to.
We have been anticipating visits from the GAL for a month, and BM is doing anything and everything that she can to slow this custody case down. We have no court hearing scheduled, the progress of the case now lies with the GAL, which won't be appointed until BOTH parties pay the deposit. The court web site says that if one party doesn't pay it, they ask the party that has already paid to pick up the other half. We cant afford that!! But FH thinks that if the court asks us to pay the other half that it would be in our best interests if we did pay it. ARGGHH. I hate BM. with a passion.
On another note though, FH has a feeling that BM is going to take off with SD8. BM is supposed to report to jail in a little over a month, and she still has outstanding warrants in other citys for unserved jail time, and a couple places she never showed up for sentencing. FH thinks that BM knows the water is getting deep, and he is starting to believe that she didn't pay for GAL because she isn't planning on sticking around to meet the GAL. In an email to FH's mother, BM begs her to get FH to drop the custody case because it will be a long expensive process, and because it is causing SD8 alot of drama and pain. If this case is affecting her at all she is even more spoiled than ever. Any drama in her life comes from BM, not us.
Has anyone ever been through a GAL situation before when one parent didn't pay their required deposit? I am literally on the edge of my seat, waiting to see what the judge will do!!

Comments

MollyBee's picture

Submitted by MollyBee on Thu, 09/10/2009 - 9:42am

A GAL is a court appointed Guardian ad litem who interviews parents and other family members with the children and interviews the child individually to make a recommendation to the court on the child's behalf.

mommommom's picture

Submitted by mommommom on Thu, 09/10/2009 - 9:54am

I have never had to pay for a GAL but I worked in an attorney's office forever! We handled child custody w/ GAL cases. To the best of my knowledge I have never had the parties splitting the cost of the GAL. The person requesting the GAL always paid that bill. Our rules are different but the judge would give a 15 day window for payment and would give normally 30 days for visits. The GAL can visit 2 or 3 times and figure out the situation and can tell if the parties are for real or not. But to be honest unless there are major issues a GAL is not a very resourceful resolution. They normally let you know ahead of time when they are coming, etc... so the parties have time to get their act together for the time that the GAL is there. Unless they are just ridiculous and an idiot and really do not care.
If the party can prove that they are financially strapped and cannot make the GAL payment then they can go through Human Resources and have one appointed by the courts. If the judge is requesting that you pay the GAL fee and your attorney feels that you should then you will have no choice but to do that. Custody battles are always so messy. Especially when there is a parent who tries to act perfect and behind closed doors is just crappy. I really hate that you are going through the battle. Hang in there and it will all work out.

lovestepmoms's picture

Submitted by lovestepmoms on Fri, 09/11/2009 - 8:42am

The GAL was the biggest joke ever! We had one reqeusted by the BM and her attorney. The BM had to pay for it since she asked for it. I don't know if she has paid it but it would not surprise me if she didn't. The GAL came and yes he called the night before to let us know he would be there. Our attorney told us whatever the GAL recommends the judge will do since he is appointing the GAL it would look bad on the judge not to do what he suggested unless there is something major brought out at court. The GAL was at our house for all of 30 minutes. In just that short time he spoke to my husband, SS16, SD8, and me. He did not ask any questions of importance. When all was said and done he recommended SS16 live with us and SD8 live with BM. We were completely devestated. But justice prevailed and the judge saw right through all the lies and awarded us custody b/c the GAL was waivering on the stand. The GAL I guess left it up to the judge to decide even though he said on stand the the BM has completely failed with the 2 SS. He was basing he decision on the bond the SD has with BM and the stablity that the BM 2 week old 3rd marriage brought to the household. Thank goodness for the judge having the balls to do what was right! GOOD LUCK!!!