Ask A Lawyer: Can a Guardian Ad Litem Be Sued?

Question:

Can a Guardian Ad Litem be sued ?

I believe this GAL has a bias against me. I also believe that she did not tell the truth during testimony.

 

 

 

 

 

 

Answer:

This is a state-specific question, and so I would advise you to ask a local attorney if you can sue in your specific state.  Your local attorney will be able to determine if a GAL has immunity or not according to your state’s laws, or if her actions make her amenable to suit.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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13 comments on “Ask A Lawyer: Can a Guardian Ad Litem Be Sued?

    Can a GAL who was dismissed from a custody dispute and then gave one of the parties legal advice be sued or censured in the state of Ohio?

    did my ex really just get custody? somebody wake me up!
    I have raised my son for almost eight yrs now. my seven yr old has two BLOOD siblings here, my husband has a good job and i am in school for nursing. I have all the tapes and papers and proof to show there was NO GOOD reason my ex should have gotten custody! How did this happen? He got his 2500 in back child support wipes clean…yes you got it right…he has never paid c.s. he has had cps investigating him and no records of taxed jobs, and moved seveeral times in the past few years. so much more but too much to name! i am sad, lost and outraged that this could happen to me. i am a wonderful mother and our lives revolve around our children. we do not allow drugs or alcohol inour home and we believe in God….i want everyone to know my story, it is not right by far, all of mu neighbors, friends, and family are outraged in disbelief. I need help!

    did my ex really just get custody? somebody wake me up!
    I have raised my son for almost eight yrs now. my seven yr old has two BLOOD siblings here, my husband has a good job and i am in school for nursing. I have all the tapes and papers and proof to show there was NO GOOD reason my ex should have gotten custody! How did this happen? He got his 2500 in back child support wipes clean…yes you got it right…he has never paid c.s. he has had cps investigating him and no records of taxed jobs, and moved seveeral times in the past few years. so much more but too much to name! i am sad, lost and outraged that this could happen to me. i am a wonderful mother and our lives revolve around our children. we do not allow drugs or alcohol inour home and we believe in God….i want everyone to know my story, it is not right by far, all of mu neighbors, friends, and family are outraged in disbelief. I need help!

    Oh yes this is happening everywhere now Indiana especially
    There was a great website called rightsformothers. Com. And they were exposing this and the GAL’s.. Some of the GAL’s started committing suicide even when the threat of being exposed started. Well wouldn’t you know it pressure was put on wordpress to shut the site down! S they have a new site… Google it.. Can’t recall off hand. This is ridiculous and it seemed to start after a Rockafeller in. 1985 didn’t like paying child support and got his small kids from his stay at home other. This is ridiculous. The hubby cheats on the wife, out to dinner with girlfriend…not fulfilling family obligations…thinking only of his personal self…and they get the kids. Have heard, seen, and experienced this personally and it is the biggest circus of lies I have ever seen. my was awoke. Your husband said you bought drugs over the Internet…and he sent in a sitter to say the same..funny thing was.. I DIDN’t it was a script from a local doctor and CVS pharmacists! The GAL refused to follow up or hold the father accountable for the lying! Funny.. Then it went on and on and on..right to the point where oh he said you had an affair and I can pull your records…funny..we were separated. For 2 years before getting a dirvorce..he started an affair before we even got married..but the kicker is he was having an affair since 2005 and this was 2009! He said he didn’t meet her until 2008 ..interesting when I told the GAL that she didn’t want to pull our phone records anymore… Andhe submitted a typed letter made to look like I wrote it..no name nothing…TYPED I say…and she flung it in the air and said…you are controlling..wow… I didn’t even rite it I said… Lawyers tell me that that was ridiculous..but when they hear the county they run! Bec thisis what they do in Indiana now. When I tried to give her papers on the liar he was she refused…that is illegal for one..but he got fired as a United States Marshal! Falsified an affadivit and tons of things…get this he said first..it was a Saturday… I was protecting US Dignitaries on thatdate..then they called him in the office and he said he was on a secret detail, then they said you were not even working that day..then get this..he said, I was visiting a friend at the Mayor’s mansion..lol.. And then finally the truth during an Internal affairs investigation..he took his son fishing and had put the placard in the window …and did illegal evictions and tries to say his wife lied when thet had the man that payed him tell and got his emails from his own personal email account at the US Marshal’s service… Nice federal agents we have… And on and on..he was suspended for numerous things.. 2 days, 3 days, and 20 days on the street and still tells everyone it is his ex wives fault! This GAL even had a conflict of interest..and callednthe father’s attorney to see if it was okay..but refused to call the wife’s or let her call! 22 pages of this..and guess what…they called the Indiana CASA. and GAL program in Indianapolis..and they said they would have fired her ifnthey could but the county she is in they found a loop hole and she only answers to one judge… They also said they guess the name of this GAL when complaints come i it is so bad! They said they have written the judge multiple times but to no avail.. Now I haven’t spoken to that judge to follow those claims so take the last one as hearsay…but all the rest…this is goingn on all over Indian.. My advise.. Before you even get married get a prenuptial that the kids are yours and if a divorse they reside with you with full custody…etc… If not.. Ladies kiss your babies good bye… I have the video and tape records to go public if need arises.. You should have seen the flinging of arms …

    I’m in indiana, I would welcome the opportunity to speak with you as soon as possible about your experience.

    Can You Sue a Guardian Ad Litum
    Many stay at home mothers are now losing custody of their children because GAL’s are not unbiased. If they are male, they want sexual favors (as in the case of Steven C. Copenhaver of Georgetown/Round Rock, TX) and if they are female they are career oriented and do not respect mothers who raise their children properly instead of pursuing a career as they did. Another factor is that after a divorce the woman is financially damaged while the man is not; he can afford a great lawyer, while she cannot afford ANY lawyer.

    Corruption in Rhode Island Family Court and the Guardian Ad Litem
    Family Court is or was conducting divorce’s in the back room chambers! Has this happened to you? Well it did to me, in December of 2009 by the Chief Judge Jeremiah Jr. Case no P2009 0061, Donald Simeone vs. Serena Simeone. At the time I didn’t know what was going on, all I knew was my attorney John Lynch Sr. who got paid $15,000.00 by my mother to get my children and my half of a 7 year marriage to my e-x, rushed me into the back room chambers and conducted an illegal divorce that is suppose to be conducted in open court. It was all illegal and all conducted by politician and I’m sure they were all paid off very well. How long has this gone on? Open Court is open for a reason, so this very thing does not happen.My E-X Donald Simeone, his Attorney William Lynch (Attorney General Patrick Lynch’s brother, of course), Guardian Ad Litem Steven A. Colantuono, my Attorney John Lynch Sr. and the Chief Judge Jeremiah Jr. all took part in this illegal divorce, throwing me the stay at home mother of 2 minor children (2 and 5 years old) out of the marital home. My ex Donald Simeone was awarded everything, The house, the cars, the Business; Scott’s Garage, the IRA’S, the timeshares, the boat, the equity in the house, all the additions to the house, the retirement, all the marital assets, and even my personal assets, HE EVEN GOT THE CHILDREN! He works full time Monday through Saturday 8am to 6 pm, so my kids are either with the grandparents, babysitter’s or girlfriend! HOW DOES THIS HAPPEN? FAMILY COURT? BEST INTEREST OF THE CHILDREN? I’m the stay at home mother, waiting for my kids, since my ex wanted a divorce now “I’m crazy”? This is all government misconduct! From a 7 year marriage, I got $3200.00 for a car, 10 1/2 months rent, 1 year of medical coverage and 1 hour a week with my children, and a bill for $97,000.00 from my Attorney John Lynch Sr. after I went to the disciplinary board on him, (of course they did nothing). WHY? Because I didn’t have the money his family did to pay off the right people. My case is in the Supreme Court now, March 2011, I’m fighting for this wrong to be righted, I just want my half, what is rightfully mine, and of course my children. My children have Steven Colantuono “Guardian Ad Litem” and in 2 years he hasn’t spoken to either of my two minor children’s schools, or doctors (As of March 14, 2011). I have emails and tape recorded conversations that he has NOT spoken to the principal, teachers or Dr. First, and in the last 3 1/2 months hasn’t even checked in to court supervised visitation, he couldn’t even remember the last time he spoke to my children, 7 and 4 years old. In supervised visitation my daughter has said “their dad doesn’t spend any time with them, their also with the grandparents, babysitter or girlfriend, their dad has told their grandmother that “their better off with out their mother”! No one from the Family Court does anything about this, NOT EVEN Judge John McCann. Who’s protecting these Children? I have done nothing wrong to my children but love them. They even want me to pay child support, that’s crazy right? I haven’t had a job since 2003. Well this is all true and it happened to me, lets hope it doesn’t happen to you. If it did please contact me. I’m sure this has gone on for many, many years and I’m going to make damn sure they don’t get away with it. Please pray for me and my children and pray the Supreme Court obeys the law, unlike the Rhode Island Family Court. Interesting to note….Chief Judge Jeremiah also did Patrick Lynch’s (previous Attorney General, my ex’s attorney brother) divorce, and my Attorney John Lynch Sr. was also his attorney, HOW CHARMING! You know that was also done in the backroom too?

    Contact me at 401-477-9605 Serena

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    A GAL isn’t necessarily an attorney
    @Liberty, a GAL doesn’t have to be an attorney. It just happens that most of them are. In Ohio it seems that GALs have absolute immunity (as opposed to qualified immunity). That means in Ohio they enjoy the same immunity rights as judges and other court officials. This is true EVEN if the GAL perjures herself. In the civil realm, you are out of luck.

    I would not ask an attorney, as they will never advise to sue another lawyer.

    However, you can get the details of the guardian’s “bond” and file a claim for damages that way. Also, file a complaint with the “bar”.

    good luck!

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