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  #1  
Old 11-13-2006, 06:00 AM
ChristieS ChristieS is offline
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The latest twist...

Here we go. Why in the world did I think it might be any different so many years later?

The judge's latest order states, in direct opposition to court records and transcripts, that the adoption is collateral to the visitation "Agreement." He has continued her free legal services. He ordered us to mediation (as per the "Agreement") for which we have to pay and she does not.

Even worse - my son's Guardian ad Litem filed against us to have our request for dismissal dismissed. He has signed on, and/or filed himself, every single motion against us. The State Bar Association did nothing with my complaint or my response. Lawyers investigating lawyers - now that's a... (better not said).

In Alabama you are not allowed a "contigent" adoption but apparently are allowed a "collateral" adoption. Again - this seems to me a Supreme Court issue but of course my lawyer says just stay the course.

I'm back on the waiting track... she does not visit but she sure takes her free legal services and continues to wreak havok with our lives.

Advice?

.
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  #2  
Old 11-13-2006, 06:35 AM
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ContactChar ContactChar is offline
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Christie,

I don't understand. .. what is a collateral adoption? It sounds to me like the GAL is a big problem. Do you know why he filed against you? What was the basis of his filing? Will he talk to your lawyer?
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  #3  
Old 11-13-2006, 01:04 PM
ChristieS ChristieS is offline
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I don't understand either

Quote:
Originally Posted by ContactChar
I don't understand. .. what is a collateral adoption?

Quote:
Originally Posted by ContactChar
It sounds to me like the GAL is a big problem. Do you know why he filed against you? What was the basis of his filing? Will he talk to your lawyer?

Yes, of course he will talk to my lawyer - to the tune of payment by the hour. All of the lawyers have talked quite a bit considering the legal fees I have paid. Yes, the GaL is a big problem. The basis of his filing was a D.R. number instead of a civil number and he stated there was no basis to my claim.

I am also confused as to what this means. I know if you take out a loan and the bank requires collateral that it means they need something specific to collect on if you fail to pay. For example, if you take out a mortgage then the house is collateral for the loan. Contigent versus collateral - I don't know. Semantics?

I do know that this is wrong. You do not keep someone in court, holding their child legal hostage, refuse to do your part, then file against THEM. This has been going on for YEARS. I will not give up and will not give in because this is my son. They act like this case is about nothing - like it is okay to behave this way - like this case is just one of many mishandled cases every day. Lawyers. I bet if they weren't getting a paycheck this would have been over loooong ago - because this has never been about the best interest of my child - never.

OK - I'm sorry I can't answer your question. I don't get it, and I'm not sure it is legal. I am terribly disheartened and frustrated.

.
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  #4  
Old 11-13-2006, 02:20 PM
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Jaefer Jaefer is offline
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Stupid question...

Okay, I have what may be a stupid question. What is a GAL? I know what the acronym stands for, I just don't know what this person does and why he was assigned to your son? What does he seem to have against you and why is his opinion so important in this situation? If this is too hard to discuss, don't worry about it, I am just trying to understand what is going on.
Christie - this totally sucks!

Jaefer
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  #5  
Old 11-14-2006, 08:26 AM
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Linny Linny is offline
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A GAL is the person (generally an attorney...or maybe always an attorney...I don't know?)---who's supposed to be UNBIASED......in representing the best interests of the child.
Usually, the GAL is someone that's been appointed (and gets paid).....who barely knows the child at all (Now I KNOW this isn't always the case, but it's not an uncommon scenario.), and is sitting there collecting money, while they are supposed to decide what's the best interest of the child they're representing.

They are a needed group, I believe, but time restraints often mean that they can't REALLY know the child they represent, KWIM?

Sincerely,

Linny
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  #6  
Old 11-14-2006, 12:56 PM
ChristieS ChristieS is offline
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In my case our GaL does not even know where we live and has not seen my son in 3 years.
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  #7  
Old 11-14-2006, 01:00 PM
ChristieS ChristieS is offline
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Well, and as the birthmother said to me:

"**[my son's GaL] is best friends with **[her lawyer], and my lawyer is best friends with the judge so I can get whatever I want."

Yes - she said that to me exactly.

Enough said.

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  #8  
Old 11-14-2006, 02:16 PM
daddysangel daddysangel is offline
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Yes Christie

Enough said

All in the best interest of the child

One day your son will realize how blessed he is that you raised him.

Instead of.....

GOD BLESS
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  #9  
Old 11-15-2006, 06:24 AM
ChristieS ChristieS is offline
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Linny

Linny,

You have so much experience and knowledge. I am interested in knowing: what is your take on this? (Not just this part of it - but all of it?)

Thanks,
Christie

Quote:
Originally Posted by Linny
A GAL is the person (generally an attorney...or maybe always an attorney...I don't know?)---who's supposed to be UNBIASED......in representing the best interests of the child.
Usually, the GAL is someone that's been appointed (and gets paid).....who barely knows the child at all (Now I KNOW this isn't always the case, but it's not an uncommon scenario.), and is sitting there collecting money, while they are supposed to decide what's the best interest of the child they're representing.

They are a needed group, I believe, but time restraints often mean that they can't REALLY know the child they represent, KWIM?

Sincerely,

Linny
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