Legal Question in Family Law in New York

Re: ex husband suing for custody

The Courts appoint SEPARATE COUNSEL or LAW GUARDIANS for the children in a custody matter, to protect their rights and "best interests." Which are understood to be separate and apart from the parent's rights and interests.

Therefore, You can expect that the Court will appoint a law guardian (a lawyer) for the children.

And, If you prove that you have insufficient income to retain a lawyer, for yourself and the law guardian or either, (although you may be working), the Court can and will charge your EX, the father and Petitioner, with payment for the law guardian and your lawyer as well.

However, You must be prepared to prove by documentary evidence, what your income, expenses and actual "discretionary assets and resources are, in support of your financial affidavit and testimony, that you need an attorney, but cannot afford payment for same.

Please note, Your girls both have a right to be heard on the matter of their primary residence, through their appointed law guardian attorney. But, the final decision will be made by the Judge, unless otherwise settled between you and the father.

You should also note that if the Petition is your Ex's "pay back" for having to pay the upward modification for support, and it is shown that he has not been consistent, attentive or directly involved with his children and their lives, the Court can penalize him monetarily, for his bad faith and his frivolous court action.

Good luck,