Nancy Kirby - Prattville Personal Injury Lawyer Reviews & Ratings

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Conduct of Guardian ad Litem Nancy Kirby (Ultra Condensed) The Guardian ad Litem role in Alabama requires meeting with the children, conducting an independent investigation, staying informed of major events, attending hearings, filing pleadings, and advocating for the children’s welfare. A GAL must be trained, impartial, and actively engaged. The record shows that Nancy Kirby failed to meet these basic obligations. Failure to Investigate Ms. Kirby conducted only one brief phone call with the father, attended one PDL hearing, refused to review video evidence of alienation, ignored repeated requests to consider documentation, failed to address discrepancies in police or therapist statements, and never interviewed family members with direct knowledge of the children’s situation. Her approach relied almost entirely on the mother’s narrative, which is not an independent investigation. Bias and Prejudgment Ms. Kirby formed a negative opinion of the father after a single call, without observing him with the children or reviewing the evidence he offered. She accepted the mother’s claims even when they conflicted with police reports, violated the divorce decree, involved undisclosed moves, restricted contact with the father, or included a partner with a concerning history. This selective acceptance of information shows clear bias. Improper Involvement in Criminal Matters Ms. Kirby attempted to involve herself in a pending criminal charge against the father based solely on the Former Wife’s “belief” of anonymous, unauthenticated emails never tied to the father. She pressured him to surrender his phone passcode, contradicting his criminal attorney’s advice and potentially violating his Fifth Amendment rights. A GAL has no authority to compel a criminal defendant to waive constitutional protections. It should also be noted that the father had five domestic violence charges were dismissed with prejudice or acquitted, showing an abuse of process by the former wife. Failure to Advocate for the Children There is no evidence Ms. Kirby sought reunification services, addressed the children’s emotional needs, supported regular communication with their father, challenged the mother’s repeated violations, or raised concerns about the instability caused by six moves in two years. She allowed the children’s relationship with their father and extended family to deteriorate. Failure to Respond to Significant Events Although she claimed to conduct “home visits” after welfare checks began, she failed to notice or report that the Former Wife was cohabiting with her boyfriend in violation of the divorce decree. She also failed to act despite repeated welfare checks, undisclosed moves, instructions to the children to hide information, and long periods of blocked contact with their father. Failure to Perform Core Duties Ms. Kirby was minimally present in hearings, filed no meaningful pleadings, made no motions to protect the children’s relationship with their father, and did not request services or evaluations that could help them. Impact on the Children Her inaction contributed to emotional harm, instability, and the loss of meaningful contact with their father and extended family. Conclusion Nancy Kirby failed to perform the essential duties of a Guardian ad Litem. Her lack of investigation, clear bias, failure to meet with the children, and failure to respond to major events represent a serious dereliction of duty. Children deserve a GAL who is impartial, engaged, and protective of their best interests. The record shows Ms. Kirby was not.