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How long should GAL investigation take???

thirdtimesacharm's picture

We have been in custody litigation (initiated by BM, not us) since late summer. Guardian Ad Litem (GAL) was appointed and now it's been at a standstill for a few months. Is this normal? I feel like I'm getting an ulcer and really want the GAL to complete the investigation so we can get this behind us before the holidays. Wishful thinking?

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SASX's picture

When is your court date? Gal should have their report completed and submitted to the court and both sides attorney's by 3 weeks prior to the court date.

In a perfect world that is how it is supposed to work.

thirdtimesacharm's picture

Court date has been postponed a few times, but is scheduled now for less than 3 weeks away. I'm guessing I'm not in a perfect situation.

thirdtimesacharm's picture

LOL. We've considered that, but were worried it would not help our case. I'm largely concerned with the amount of emotional stress it's causing the children. They realize things are still up in the air and are starting to show signs of distress as well (stomach aches, neediness, etc.). Also, we've laid out a considerable amount of money for a retainer for the GAL and it would be nice if the money actually went towards their professional services. Do you know if those fees are usually returned if the billable hours don't exceed the retainer?

SASX's picture

In my state it is all volunteer. There is no fee. It's written that way and enforced so the GAL can not be accused of being 'bought'.

If your GAL is a licensed attorney, yes they SHOULD return overpayments to you. However, I can almost guarantee you, just because they ARE attorneys, they will find a way to work exactly the number of hours necessary to burn the retainer in full.