Legal Question in Family Law in New York
How do I change my court appointed attorney?
My daughters father found my notebook that by accident endet up in my daughters backpack, where I had written a letter to my than boyfriend's (now husband) mother. The letter was never sendt out, dated, or signed. Now my daughters father thinks he is dangerous and the courts are having OCI and Forencis done. Now the problem is that before all this happend my daughters father and I where about to settle the custody agreement. She was to stay with her father during the week while in school, and be with me in the weekends until her school ends in June. This was the arrangement we where going to make because I am relocating from NY to New Jersey where my husband is from. The problem is that until April 9 I can only see my daughter away from my husband. My husband is not a criminal and he is not dangourus for my daughter to be around and I need help to find out how I can speed up the process of being allowed to bring my daughter around my husband and to get her back as her primary parent. My mother in law past away Friday February 11, I had the court date February 10. My father in law was hospitolised February 11 and our dog is hospitalized. I need to change my court appointed attorney, how do I proceed to do that?
1 Answer from Attorneys
Re: How do I change my court appointed attorney?
If your daughter wants to live with her father, rather than with you, and your new husband, then you need to learn to live with it, in a way that allows you to maintain your relationship with your daughter.
Usually, you cannot change your court appointed attorney, without "good cause" and you have not indicated what your "good cause" might be, other than the fact that the process is not per your schedule.
Try to arrange a settlement conference with all parties, through your attorneys. Listen to your daughter, and what she says SHE wants, AND WHY. AND, try to live with it. Your daughter may change her mind given time.
Keep in mind that you are not automatically "entitled" to custody over your child's father, because you are "the mother," according to NY law. The determination is supposed to made based on the "best interrests" of the child. Frankly, if there is any question about the members of your household, and so such questions exist about the members of the child's father's household, and it has remained constant, the Court, MUST, fully investigate. And, that investigation, may take some time.
Good luck,
Phroska L. McAister,Esq
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