Q: Is a guardian ad litem legally required to provide both parties in a custody case a report on his findings
The GAL assigned to my case refused to see me until I paid him in full which I could not do. He did not investigate claims made by other party to see if they were accurate did not ask me my side or allow me to present my evidence to him that claims made were a lie. At our temporary custody hearing he recommended a change in custody for reasons I could prove were a lie. When I asked him to further explain to me how he came to his opinion on this and what facts were used to support his recomendation. He has refused to give me an answer to any of my questions. He told the court this I'd a case in which the father has paid and the mother hasn't even knowing the other party had previously attempted to kidnap our child multiple times and hid him from me for over 3 months. The gaurdian stated that my ex was the party more willing to allow visits and that I interfere with his parent time which I could prove was a lie and had given extra parent time. Custidy was switched havnt seen son in 6 mon
A:
You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen. If you say you can PROVE the allegations are false, you should definitely offer that proof. If the other parent is not complying with the terms of the court-ordered parent time agreement, you should go back to the Court for relief.
You also need to pay the guardian ad litem. If you can prove they did not perform their duties, do so and request another attorney be assigned for any future proceedings. Not paying, however, is not an option. The Court is not going to be pleased with your failure to pay.
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