Legal Question in Family Law in Mississippi
Ex-wife denying visitation rights GAL appointed
I am trying to excercise my vistation rights with my son, but my ex-wife refuses to obey the court order. I have contempt charges on her and I am awaiting a court date. A GAL was appointed and her report was just made available. It was very factual and to my benefit. All of her alligation are false. She took it upon herself to write a very nasty, negative letter to the GAL bashing her about the report being one sided. (It was not) My question is: Is this unethical? The GAL submitted the report to the court and I received a copy. She did not like the outcome and was very verbal to the GAL about her disappoinment. Does this put her in contempt with the GAL?
1 Answer from Attorneys
Re: Ex-wife denying visitation rights GAL appointed
Q. Is this unethical?
A. No, it is stupidity. The GAL is a voice for the child in Court and not for the parents.
Q. Does this put her in contempt with the GAL?
A. The GAL is an attorney, not a judge. If such an outburst took place in the courtroom, certainly the judge could find her in contempt, but not the GAL.
Guardian ad litem Section 43-21-121, Mississippi Code (in part)
(3) In addition to all other duties required by law, a guardian ad litem shall have the duty to protect the interest of a child for whom he has been appointed guardian ad litem. The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the child's best interest. The guardian ad litem is not an adversary party and the court shall insure that guardians ad litem perform their duties properly and in the best interest of their wards. The guardian ad litem shall be a competent person who has no adverse interest to the minor. The court shall insure that the guardian ad litem is adequately instructed on the proper performance of his duties.
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