Legal Question in Family Law in Illinois

Dismissing a guardian ad litem

My daughter is 8. Her biological father saw her last when she was 6 weeks old. Now he wants visitatation. guardian ad litem appears to be very biased with father. My daughter want nothing to do with biological father and guarian ad litem is not letting her wishes be known. how can I get him dismissed from the case??


Asked on 1/21/05, 7:32 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Dismissing a guardian ad litem

The guardian ad litem (gal) is in a sense the ears and eyes of the court. Generally, Illinois judges promote contact between a minor child and

both parents. At 6 years of age the court will

not believe that your child is old enough to make

decisions about whether to see dad or not see

dad. The best way to deal with the gal is to

get sound legal representation and to make certain that you do not appear to be totally

opposed to dad spending time with your child.

The more you fight the gal on this point, the

deeper he will dig into this issue. You may

want to back off total opposition to visits

with dad and instead voice your concerns and

let the court go from there. I will be happy

to answer any additional questions that you

might have. p.s. Unless the gal has a conflict

of interest or is totally incompetent, the chances of getting rid of the gal are slim.

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Answered on 1/24/05, 1:55 am


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