Legal Question in Family Law in New York

discriminating law gaurdian

My husband and myself are currently going through a divorce, i'm a resident of new york and he lives in north carolina. he has a lawyer in buffalo were i live because he is stationed in korea because he is in the military. When i went to file for custody of the children they were appointed a law gaurdian, it is very obviouse that i am gay and my husband knew this before he filed for a divorce, but know that the children have a law gaurdian he pushes the fact that i'm gay and unfit to raise my children,which the whole time of our seperation it wasnt a problem, but he has told the law gaurdian that i am gay and she is very dicriminatory towards this fact and no that he has dropped the custody case in new york which means the law gaurdian is no longer involved until he reopens the case. The law gaurdian has come to my home threating to take my children away from me and she has made several other threats to me regaurding me having custody of my children.My question is is there anything that i can do to have this law gaurdian removed from this case?


Asked on 11/13/03, 8:58 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: discriminating law gaurdian

go to the local office of the NY State Division of Human Rights and file a complaint. Tell the Division of Human Rights that you want another caseworker be assigned to your case.

that should do it!

good luck.

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Answered on 11/13/03, 9:05 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: discriminating law gaurdian

The attorney who posted the initial reply to your question is absolutely correct. However, I have another suggestion. Engaging in a legal proceeding without a lawyer where the tide seems to be turning against you is shortsighted foolishness. I do not practice in Buffalo, so I have nothing to gain by saying this to you. There are numerous women's groups that can help you to obtain an attorney - a law guardian is a lawyer who knows his/her way around the system - and you do not!!

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Answered on 11/13/03, 9:21 pm


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