Legal Question in Family Law in New York
How to get a law guardian changed
I am involved in supporting a friend in a custody/visitation situation.She has joint custody for her son with her adoptive mother. I have observed consistent abuses against my friend by the adoptive mother, including lying of events, lying of her plans with the son, lack of info given to the mother etc. The adoptive mother had set everything in her favor including the mother not being able to have anyone around in order to witness these incidents. Now the court appointed lawyer for the mother does not answer phone calls when the mother asks for help and the law guardian does not return phone calls as well. Is she able to get a new lawyer in another county away from her adoptive grandmother's influence( she knows everyone and has had this girl stalked) Is she allowed to get another law guardian who will not just be the yes man for the adoptive grandmother but will work at setting up a legitimate visitation not followed by abusive and demeaning remarks made in front of the son? Any help or suggestions would be greatly appreciated. She has little money but is trying very hard to hang in here and find a way to get some answers. Thank you.
2 Answers from Attorneys
Re: How to get a law guardian changed
Suggest your friend have an in-depth consultation with an experienced matrimonial attorney.
Re: How to get a law guardian changed
She can ask the court to appoint her a new attorney, but she may not get a new attorney. The court is required to appoint an attorney, not an attorney of the party's choosing.
She can also tell the court of her concerns about the law guardian, and ask that another one be appointed. It does not necessarily mean another law guardian will be appointed, but she can ask.
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