Lansing, MI asked in Child Custody, Criminal Law and Family Law for Georgia

Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact that the GAL never contacted the mother or spoke to the child, another contempt order was filled. A hearing was held and the GAL. testified to "does not see any reason why the father should not get to see the children (daughter 8 yrs old.)

3 Lawyer Answers

A: Those would be valid cross examination points for the GAL during the hearing to show the opinion is without basis.

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Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, the guardian can testify. What weight is given to the opinion is up to the judge.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the GAL can be called to testify and it would appear the Judge wanted to hear their testimony. But the Court will always decide how they are going to rule based off all the evidence and testimony, not just what the GAL had to say. If this case is not over, I would strongly advise you to hire an attorney to represent you and help finalize the matter.

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