What can I file with the court if I disagree with a private guardian ad litem’s reasons for withdrawing from my change of custody case?
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What can I file with the court if I disagree with a private guardian ad litem’s reasons for withdrawing from my change of custody case?
The private guardian ad litem in my change of custody case has asked the court to allow him to withdrawal because he claims that he has not heard from me in at least 6 months. My ex-attorney misrepresented me and didn’t stay in contact with me; he even attended a hearing without my knowledge and then withdrew the same day. He also claimed that I have not contacted him or my son who I have tried to get custody of. What can I file with the court to state my disagreement with the reasons for the GAL withdrawal? I don’t care if he does but his reasons for doing so in his motion are false.
Asked on January 16, 2012 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your situation. If the guardian ad litem is withdrawing by making a motion you have a right to submit response to the motion known as an Affirmation in Opposition. Ypu may not actually be opoising the withdrawl and that is okay. It is just what the courts call your response. You need to put it in proper legal form and have it signed before a notary and then submit it to court. Look at the affirmation of the guardian. It should be the proper form: ha a caption and the name of the proceeding; an index number, etc. It should have a date at the end and a place for the notary to sign under your signature. You need to do the affirmation soon and submit it quickly to the court's office and serve a copy on the guardian. You will need an affidavit of service (look at guardian's papers). You need to appear on the return date of the motion to speak yor peace. Good luck.
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