My wife walked out on my son almost a year ago, and I am wondering how I can get primary placement in our divorce.
We have gone through mediation and now have a Guardian ad Litem, but she is not listening to anything I have to say about the issues with the mother.
How can I get the GAL to take my concerns seriously?
Most states determine custody and visitation based on the best interests of the child.
While guardians ad litem are appointed to represent the interests of your child, they oftentimes are over-worked and unable to devote as much time with the case and each parent as necessary.
In situations like this, it is important that you speak with or have an attorney represent you to ensure that the guardian ad litem is doing everything she is supposed to be doing so your child’s interests are protected.
If the mother left the child, where is the child right now? Is he with a family member, you or foster care?
In some states, like Virginia where I practice, unless it can be shown that it is not in your son’s best interests to reside with you primarily, he should be with you if his mother no longer has him.
I would encourage you to contact an attorney right away to fight for your custody rights.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”