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    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #1

    Dec 24, 2012, 06:23 PM
    Guardian ad litem again.
    Can a guardian ad litem legally make my 8 year old rewrite a piece of information ? My kids wrote letters to santa and my daughter asked santa to let her move back to mommys. Well I wad informed the guardian ad litem met w my daughters at their fathers ( he refuses to speak w them at my home) and the GAL told her to rewrite her letter and remove that line talking about moving home . We've repeatedly had issues w tjis guy and he's made it clear who's side he's on. But this seems to be a low move. Were filing a formal complaint against him as well.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Dec 24, 2012, 07:37 PM
    Who has custody of the kids? If they do then yes they can do this...
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #3

    Dec 24, 2012, 07:42 PM
    Their father has temp custody due to investigstion. Our parts done. But how is it right let alone legal for the guardian to force my daughter to change documentation she wanted to submit to the court? My girls want to come back home and have made it crystal clear how they feel. So no one should be making them change their minds basically
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Dec 24, 2012, 08:14 PM
    No he can not make them rewrite anything. He shouldn't be telling them what to write to sants at all. It is well beyond his scope of responsibilities.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #5

    Dec 24, 2012, 08:23 PM
    Thank you! My 8 yo asked what was wrong w her old letter to santa and when she explained what the GAL told her it caught me off guard. Plus he interviews them in front of their father. Both girls have said that it makes them really uncomfortable and they feel they have to say what they think will make their father happy because hell get mad at them if they don't. Shouldn't GALs be mandated to follow their guidelines? The GAL gives my ex husband advice all the time ( ex slipped up and admitted it to me ) . It has gotten so bad that my girls have yelled at their father before because they don't want to live with him . Me and my husband have done everything the judge has asked. Completed counseling and a domestic violence eval ( we both scored low - no threat to my kids ) but the GAL repeatedly questions everything on our end. My ex husband is the next jesus apparently in the GAL eyes .
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 24, 2012, 08:37 PM
    You document violations, report it to your attorney, who files complaint with the court.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #7

    Dec 24, 2012, 08:40 PM
    Were tribal so its all pro se. But were filing a formal complaint w Oklahoma bar association
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Dec 25, 2012, 01:29 AM
    LMAO- is that the same case which was handled at sac and fox tribal court ?

    Some of your threads contradict other threads.


    Synopsis
    06/18/2012
    Me and my ex husband have 2 beautiful little girls ages 7 & 5. Currently we have joint custody that was granted last Sept ( 2011) in April of this year I noticed changes in both his behavior and my daughters when they would return from their weekend of visitation. So I more or less sat back and watched. My 7 year began coming to me and telling me things that appalled me. He father has no stable home environment first off and there is approximately 8 people living in the house he stays at when he does have them and its only a 2 bedroom home. The girls come home filthy. He is now dating girlfriend #6 who apparently crashes with him when my girls are with him. This isn't the first time he has done that. The last girlfriend he had my 7yo asked me why her daddy and the girlfriend slept naked. They're has been a recent string of events in his family including a lot of drug usage and I believe the new girlfriend is just as involved. I am going back to court June 28 and seeking sole custody with supervised visitation to be put in place for 1 year


    07/18/2012
    I am seeking for full custody and he get day visits with no overnights because of living conditions he has can't accommodate for keeping them overnight. My question is why was his visit so short... I took my ex husband back to court for modification. Our case is through sac and fox tribal court (Oklahoma) because he's a tribal member. They appointed a guardian as Litem who "investigate" us. We went back to court this past Thursday and my ex was told if he can get a place of his own then our 2 daughters can live with him.
    What happened to ruling in favor of the mother?

    He made a reccomendation without actually looking into anyone's past except looking at that one incident/reported to the Police/

    His criminal record is lenghtier then my husband's./?? /
    As JudyKayTee wrote, "So let's see - first husband has lengthy criminal record. Second husband has criminal record, not as lengthy. That's for starters."

    08/27/2012
    The GAL on my case is getting carried away with his position of "power". For example: I called him on a Tues evening at approximately 7pm to discuss a matter involving my children's safety. He got rude and told me his business hours are Mon -Fri 8-5

    09/22/2012
    My son has autism. He is 6years old.



    11/12/2012
    I have a 6 year old (step) daughter. She knows only me as mom . Since school started we have had a number of problems. I had a teacher conference in October and they confirmed my worries. Shed been lying and causing issues at home for approximately 8 months at this point.

    11/12/207
    In the midst of the wonderful custody battle I was told some news this weekend that shocked me... My stepdaughters grandmother and my ex mother in law plus my really good friend all work together in the same nursing home. We went to drop my stepdaughters off with their grandmother and she said she needed to talk with us. Conversation starts and we soon find out my ex mother in law went to an LPN at the nursing home saying she was "concerned" for her granddaughter (my oldest biological daughter) who has been having uti`s a lot lately and wanted to know what the signs of sexual abuse were because her stepfather (my husband) is capable of doing something like that.

    11/26/2012
    After a tough decision (and under advice of the lawyer) my husband relinquished his rights for the child's stepfather to adopt her. We were told that after the judge signed the paper my husbands support payments would stop (Oct 3rd 2012) and he'd just have to pay his arrearage which was approximately $800. $230 was still being taken out of my husbands checks. When my husband called DHS to check on the amount owed a month ago (Oct 16th 2012) we owed approximately $500.



    Again-no one can give you a proper advice in that situation here.
    According to your posts your ex-husband is a major criminal but your present husband is a criminal minor... There are a lot of problems at your home, as an autistic son, lying step-daughter,. your step-daughters grandmother and your ex mother in law plus your really good friend thinks your husband is capable of child abuse...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Dec 25, 2012, 01:55 PM
    I have been asking that the threads be combined in order to make some sense of the situation. Instead, the subject jumps from here to there and back again.

    Thanks for your research.

    Doesn't make the legal situation any more clear... but it explains what's going on behind the scenes.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #10

    Dec 25, 2012, 02:57 PM
    Ok for starters... My ex mother in law , my step daughters grandmother and biological mother, and good friend WORK together which causes more issues than nesacery, but anyway my ex mother and law had popped off about my husband abusing my daughter which in no way was the truth. My stepdaughters grandmother and good friend all are on our side.

    I have a son w autism, yes. Not an issue.

    My stepdaughter who's 6 has behavioral issues which are stemming from the absentee mother.

    Husband found out his alleged youngest child really wasn't his. That would hit hard for anyone especially when he had gone through w giving her up for adoption and feeling like for doing it. Then !BAM! She wasn't his.

    Its been a rough year for our family. Now were are days away from our last court hearing for my biological daughters and they are begging the judge to move home. However the GALs crap is listed in previous posts. He even told my ex hed do whatever it took to keep the girls w my ex. Now its to the point where his investigation didn't uncover anything on me or my husband so now he's trying to get the girls to say they want to live w my ex. Interviewing them in front of my ex and what not. I have to listen to the girls on the phone crying every night.cus they want to live w mommy and _____ ( my husband) . The GAL has admitted he doesn't like me are my husbamd although a reason was never stated. All I want is my girls.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Dec 25, 2012, 04:38 PM
    Quote Originally Posted by momma5 View Post
    Were tribal so its all pro se. But were filing a formal complaint w oklahoma bar association
    The mere fact that it's in tribal court doesn't mean you shouldn't have an attorney anyway.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #12

    Dec 25, 2012, 05:53 PM
    We haven't found an attorney that will go into a tribal court... especially the tribal court were going through.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Dec 25, 2012, 07:32 PM
    So you will get mistreated, they will do things wrong and there is little you can do unless the lawyer is there to control it according to law.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #14

    Jan 10, 2013, 11:48 AM
    Ok... Went back to court 12/27/12. Judge ordered for us to return 5/23/13. We got a summons to return 1/16/13 from the guardian ad litem that if me , my husband , and our counseling company don't show up with any paperwork he wants he will press charges. Our counselor talked to her company attorney and they informed our counselor that if its not signed by a judge the GAL can't hold us in contempt. Also some of the paperwork that he wants legally the counseling company can't disclose to him even if we signed disclosures. What can we do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Jan 10, 2013, 12:03 PM
    The counselling company should put this info in writing, using citations and send it to the GAL.

    Not to beat a dead horse, but this is exactly why you need an Attorney.

    A Subpoena (Subpoena Duces Tecum, actually) requires you to bring paperwork. A
    Summons requires your appearance only.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #16

    Jan 10, 2013, 12:20 PM
    Well the counseling company has informed the GAL that some paperwork can not be given out. I don't know exact reasons. He still threatens though. Now he's saying hell have us all thrown in jail.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Jan 10, 2013, 12:48 PM
    Anyone can threaten anything. Have the company "put it in writing."

    Was it a summons or a subpoena?
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #18

    Jan 10, 2013, 01:11 PM
    Subpeona

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