Forum: Protect children, not lawyers — The Washington Times
March 5, 2006
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Posted by ANCPR
Forum: Protect children, not lawyers — The Washington Times
The debate over a bill before the Maryland General Assembly offers the public a glimpse of the torments parents endure in family court. This “emergency” legislation — put forward by lawyers to restore broad immunity to guardians ad litem (GALs) in child custody cases — directly pits parental interests against lawyer interests.
The legislation is in response to a recent Maryland Appeals Court ruling allowing GALs to be sued for malpractice like any lawyer in private practice.
One father who testified against the bill, told how 4½ years ago, he lost his bid for custody of his 5-year-old son even though his former wife was engaged to a convicted child molester.
The GAL, who opposed father custody, completely ignored the grave danger to the child. The father’s worse nightmare was realized. His son, now 9, told Washington County authorities last month that his stepfather had sexually abused him and two friends, beginning shortly after his mother married the convicted offender and continuing through last Christmas.
While the stepfather is now in jail, the boy’s father wonders how his son’s life can be restored, and why a GAL who makes such an egregious error should not be held accountable.
Lawyers would have the public believe such cases are rare. Of course, a mother rarely marries a convicted child molester, but guardian incompetence, or a guardian serving self-interest rather than the child’s interest, is common.
GALs are lawyers appointed by the court to somehow “objectively” represent the children’s interest in a custody case. Unfortunately, the inherent self-interest of a GAL is to prolong the case as much as possible, which can be done by putting off decisions or favoring the belligerent party.
In my 15 years of fathers’-rights activism, I have seen this pattern repeatedly. That is why in the book I wrote to warn fathers of the perils of divorce court, I advise them to do whatever they can to avoid having a GAL appointed.
Anyone who has spent time within the subculture of divorce, knows lawyers (even lawyers who sometimes take GAL assignments) scoff at the guardian system as “welfare for lawyers.” You even find this scorn in writing.
For example, in 2003, after South Carolina passed the Private Guardian ad litem Reform Act, the magazine of the South Carolina Bar Association published an article by Robert Rosen, a prominent Charleston divorce attorney, titled, “Getting rid of the GAL: How to save your client from those expensive, unnecessary officious intermeddlers.” The title says it all, but let me quote:
“The biggest problem is that there is no need for guardians at all, and lawyers now have a golden opportunity (and, in my opinion, a duty to their clients) to do away with GALs in most custody cases. I have rarely been involved in a custody case in which the GAL contributed anything except to the cost.”
In 2003, The Washington Post ran a series of articles on the abuse of elderly people by court-appointed guardians in the District of Columbia. The series documented how guardians siphoned exorbitant fees from their clients (one bill reached $185,000), often did not visit their clients for years and could be kept on cases by their judge friends even when the “client” sought their dismissal.
These abuses are paralleled in child custody cases. In May 2000, for example, Dallas News station WFAA reported on guardian ad litem Kip Allison, who submitted a bill for $65,000 for 64 days work — a fee of more than $1,000 a day — to represent a 9- and 13-year-old brother and sister.
Mr. Allison acknowledged that out of the 310 hours he billed on the case, he spent only two hours talking with his child clients. But the children disputed that account. They said he had spoken with them once, for 20 minutes.
Family courts are a system of terror for parents and children. Allowing malpractice suits against GALs is a small step toward bringing one abusive aspect under control. Lawyers supporting the immunity legislation argue the new ruling will have a “chilling” effect on lawyers’ willingness to take GAL cases. If it does, that will be good for families.
Maryland lawyer-legislators would like the public to believe they are seeking immunity for lawyer-guardians “for the benefit of the children.” But they are seeking it to maintain one of family law’s rich income streams. Maryland legislators should be ashamed to vote for such a bill; and if it passes, Gov. Robert Ehrlich should have the decency to veto it.
ROBERT SEIDENBERG
Author of “The Father’s Emergency Guide to Divorce-Custody Battle: A tour through the predatory world of judges, lawyers, psychologists, and social workers in the subculture of divorce.”
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I had a hearing in Maryland in July od 2005 and the custody order was reversed and give to my ex husband. I raided my son for 15 years. There was a gal appointed for my son and was requested by my ex husbands attorney. The gal did not do his job accordingly. Given the facts that my ex husband was convicted for counterfeiting and used my sons social security number to obtain credit the gal ignored everything and requested my son live with his father with me receiving minimal visitation and that Iwas to pay child support. Since July 31,2005 I have not seen my son because his father is denying me visitation. I cannot obtain another attorney due to my current financial situation. I am very devastated along with my two younger children that we have not seen him nor have we talked to him. I feel like I have received an unfair hearing and lawyers are crooked as well as judges and masters. I believe it is who you know and how much money you have if you want to win and they are not looking out for the best interest of children but, only money.
Here we have yet another case of “Failure to Communicate”. Who perpetrated the myth that justice is done in family court? And why have we allowed it to continue so very sadly long? The people and thier kids get daily abused and destroyed in America, anyone who dares enter these Halls of Lynchers. I may not reside in Maryland but the same sad story was done to my daughter as the one offered above. The Gal, Fulbright and Jaworski, Justice for Children, Edward Silvermen, Jean Guez all conspired to give our daughter back to an evil demon who was out committing a major felony while she was receiving the free attornies to render my daughter unto the clutches of her sick mother and a sexually abusive step father.
I say if you can find an attorney to help you…sue the hell out of them. Its one of the few things they understand.
This is in response to my comment above. Not only was my child taken from me but I had to pay a hefty portion of the GAL’S attorney fees and my ex husands attorney requested him. There is a huge problem in our court system. Basically it comes down to who you know and how much money you have not the best interest of the children. My sons identity was stolen from 1996 to 2001 by his father including a past criminal history and the courts ignered it. Where is the justice!
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My Ex has a friend who works for family court or probation and that person has taken my complaints that were going to be used in court against my ex for causing medical issues to my daughter and called my ex that same day to let her know what I was about to due. I am not an attorney but I believe that should be a federal offense for giving out pertinent information to an ongoing child support case. My ex admitted that someone had told her what I was trying to do. There was only one person who I talked to and that was a woman from family court who told me my probation officer was out for the day. Five minutes later I see my officer walk out of her office and they came up with another excuse. I am trying to find the right Attorney to go after these criminals for Corruption that goes all the way to the top of probation in Somerset County. I’ve already written a letter to my congressmen and to our Govener and will be writeing a letter to the President to let all of them know how Corrupt the Probation system is and to think that I am paying for this corruption with my TAX dollars. PS, I will be bringing my story to all the newspapers this was only one issue, there are many more!
why is it that a woman can get an obortion and and the father have no say? because they both created the child and neither use contraceptive to prevent it from happening….in most cases,….isnt that murder termination without consent of parent….father forces mother to terminate and he gets charged,to life for murder of mother and child why not the other way around…..just a thought,because of womans neglagents on more than one case ive lost kids to miscarriage and nothing can be did about it…..i think everyone should be held at the same standerds for actions.you can be punish for neglect or punish for discipline by cps and the courts,but when children are shooting up schools you look at the parents…i have alot to say but there just opinions
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My ex is suing me for failure to pay child supprt – I paid the amount but in cash – its almost 40k he is asking for – what should I do? Pl. help
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When are we as a society going to get the cp system overhauled and inforced. In Texas it is the worst. In San Antonio Tx it is even worse than the rest of the state. None are good. Judges in San Antonio Tx take it upon them selves to abuse the father without a thought.
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I don’t know where else to ask. Yesterday my fathers wife took off with their son, he is 9 years old. They are in a shelter somewhere and she is claiming verbal abuse. My father says she has been to a psychiatrist in the past and he prescribed medication, without her meds she is a loose cannon. What rights does he have? He is a good father, loves his son and has worked hard for him. What can he do? What should he do?
Really can not imagine how many children are abused yearly.
My daughter is the 4th child to be removed from the mother by dept of children & families.
I have custody of my daughter now (threw courts) and am still required to pay a convicted felon / drug addict $450.00 per month for child support on a yearly income of $18K when she doesnt have custody.
They have now suspended my drivers license due to non payment of this child support, and will not change the court order for the money to stay with the child. the state has said it is thier case and not the mothers we have to take them to court. DCF (dept of child & families) has promised therapy for this child due to the mother shooting up in front of child & having sex in front of child, and we keep asking for the therapy for her because she is talking about it w/ other children (her peers). Once again to NO avail….. DCF, is helping the mother with rehab & a place to live, while they leave behind this little girl.
WHAT CAN BE DONE?????? I need help, I am on such a tight budget with no help at all, trying to raise my son & daughter & the mother is not even allowed to see the child w/o supervision but gets all the help in the world, food stamps medicaid, free living, free rehab & this little girl gets NOTHING!!! I believe its because I am the father, and not the mother. why are my rights dismissed & why are my daughters rights dismissed. why is child support not for the children, they claim it to be but I have proof its NOT!
child support doesnt go to child, WHY???
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Ewoldt’s, I feel your pain. My wife’s nephew and his parents aren’t allowed to see his little girl. The mother in this situation is a drug user, and thief and lazy, gets all the help while working people get nothing, except a hard time. Another one of my wife’s nephews has an ex girlfriend that had a kid, and tells him that he is the father, but denies him access (and his mother) to the child, and refuses a paternity test. But mostly, I feel your pain, but at least you see your child. I have a 12 year old son that I feel would rather not talk to me. When I call him, he is always in a hurry to go. He never calls me. I have to drive 10 hrs one way to see my son. His mother never pays a cent, claims him on taxes every year, has no job, has medicaid/medicare (I’m not sure which one because I WORK FOR A LIVING). I am like you, I feel like if “MOTHER” is not next to your name you are getting hosed. When do us Dad’s get a fair shake? Did I mention that I left Active Duty Army for more time with my son? Heck, I would have been better off staying in. At least I would be a higher rank and retired.
One more thing, I also forgot to tell you, only time they do call me is to tell me that the support hasn’t arrived, but they don’t even do that since I am CURRENT, and HAVE ALLOTMENTS!! I fight for my country but feel unarmed when it comes to my son.
Thanks.
SGT Reid
OIF 1 Veteran
2003-2004
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The Child Support Industry could give a rats a@# if the father has anything left to live on after CS and taxes.
I was laid off from my job 2 years ago and went on unemployment for the 1st time in my 50 years. The compnay that I worked for hired me back part time but I still kept looking for more work to go along with it. I kept my child support current ($700 month) even though my income was cut in half. Between my wife and I we could swing it and still pay the bills but thats all. I didn’t want my son going without anything.
Unemployment ran out, it was time to ask for a reduction. I filed a motion for reduction and went to court(without an attorney). I couldn’t afford one. When the child support agent saw my proof of current income, she didn’t even bother to fill out a worksheet and said to let the judge handle it.
The female judge, a known man-hater, called me to the stand and I told her I was asking to have my child support lowered because my income was subtantially lower and I needed the self support reserve. She rolled her eyes and the child support agent sat quietly even though I had just shown her my proof of income. The judge says “is that it” I said yes and she told me to step down and promply dismissed my motion.
I called a lawyer that evening, they wanted $250 just to talk to me and a $2.000 retainer. Called contacted another attorney I found online and he has yet to call me back a week later.
If my income would have gone up, you can bet the child support agent would have been all over it for an increase. It’s a lawyer money racket. Best intrest of the child my ass.
Look up equal parenting rights. State (court house fallow the $ trail) benefits from abusing fathers rights giving fathers 4-6 days per month – with children only to collect child support not because the parents is un fit. do your own research the evidence is astounding! watch the documentary Support system down. the war on The American Family has got to end. there is a reason they call it friend of court not friend of family. band together take a stand the child support laws violates the preamble of the constitution of the united states also amendments 10, 13 and 14. child hood it is not possible without fatherhood. fatherhood is no crime any system to only permit a parent to see a child 4-6 days per month is clearly broken. Court supported child abuse.
No fit parent should be taken from any child. No child should ever b asked to choose a parent nor should custody automatically go to mom. Custody should automatically be equally shared unless proven unfit. Decisions made by both parents who created the child. The govornment did not create the child, but did create our growing deficit.
Also look into alienation syndrome if you suspect she is turning your child against you, if your child starts acting funny or she won’t let you have contact.
I think the whole legal system and the way of doing things, especially when dealing with something so precious as our children, has to be revamped. Everything seems to come down to money and who has the most of it usually comes out with the most favorable outcome, and not necessarily in the interest of the children (in these cases).
What can we do about this? There has to be some sort of way we can be heard. I’m tired of the double standards. I’m tired of barely being able to earn a living working full time and not being able to see my daugher regularly. Something is wrong here.
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