Legal Question in Family Law in Missouri

are you able to remove and sue the guardian ad litem in a child guardianship still going on since 2006


Asked on 8/17/10, 12:56 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The court, not the claimants has the power to remove a guardain ad litem. The litgants can sue the GAL, but in some cases, they must pay fo the GAL's legal fees to defend such a suit, as it pertains to the custody and care of the child. An unsuccessful litigant in such a suit, shoull expect to irritate teh judge, and possbily lessen their chances of prevailing in the underlying guardianship case.

If a litigant feels that the GAL ( or any other attorney) has slowed the guardianship case without cause, they can bring that to the attention of the Court. The Judge can then make a determination as to whether the GAL is assisting the Court, or hindering the process. The GAL is the attorney for the child. They hold the child's interest as being superior to that of the other litignats. You might ask your attorney why the process is taking longer than you expected. That is one of the things you are paying them for. Seldom is it a slow GAL.

Good luck

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Answered on 8/23/10, 10:13 am


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