Question:

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?

Answer:

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.