How do I pro se present the bias of the guardian ad litem at my child custody case? 2 Answers as of June 24, 2013I am representing myself if a paternity (no marriage) child custody case. There has been previous documented domestic abuse by the father of our daughter, and he is currently involved in psychological, verbal and emotional abusive alienation towards her. The guardian ad litem has a bias, choosing to be blind to the father's domestic abuse and his alienation. How ought I to present the GAL's bias in the courtroom during the case? Further, would it be best if I testify on my own behalf first or last? I will be calling, as witnesses, the father of our daughter, as well as two other persons who know the father's abusive temperament, and I'm wondering where my own testimony would best fit in.
Law Office of Jacob R. Lauser | Jacob R. Lauser
Claiming bias on the part of a Guardian Ad Litem is a tough approach. Technically, they are supposed to be neutral and represent the child alone without bias, but the court gives them a lot of leeway in conducting an investigation and making a recommendation. Unless there is clear misconduct that you can prove, then it might be a losing battle. However, you will increase your chances of presenting your viewpoint if you hire at attorney right away. These cases are already difficult enough without having to do everything yourself and getting walked all over.
Answer Applies to: Pennsylvania
John Russo | John Russo
If you claim they are bias then why are you asking how to present it , you must have evidence of same or is it just allegations. And second there is no better way on the presentation of a case you decide how you wish to present your evidence and you proceed. But, I have a question for you, if you are pro se how do you intend to testify? You just can't go on the stand and start talking without a question, so what are you going to do ask yourself a question and then answer it? The judge may ask you a few questions but then again they may not be the ones you want them to ask.
Answer Applies to: Rhode Island