Legal Question in Family Law in New York
law guardian responsibilities
I am currently in the tail end of a very long divorce battle. My children were given a court appointed law guardian. My oldest just turned 18 but previously, his father was given full legal custody of him as it was that or I'd put out a PINS on him for abusing me. He lives with his father. He's still a high school senior. He has a 16yr old brother that I have shared custody of. They are involved in a school sponsored gifted child program. They went on a NYS Regional competition and won and now are going onto a World competition in Colorado. Heres the problem. Dad allows them to bring along their underaged girlfriends to sleep with them. This is in front of my other 4 children ages 4-14. He plans on letting the oldest's girlfriend (who's 16)go along again. School officials & myself dont want this. Their teacher, their coach called me & said he's worried about the liablities and morality of all of this. Law guardian & NYS Supreme Court Judge was made aware of this, but nothing stopped it last time. What recourse do I have to stop this from occuring again in 3 wks? I thought guardians are supposed to be looking out for their ''wards'' welfare?
I'd appreciate any help you can give me. Thank you.
1 Answer from Attorneys
Re: law guardian responsibilities
In most societies 18 (& 16) year old males are considered "men." And, men are not subject to the authority of their parent's (or the Courts) with respect to their "consensual" sexual conduct. Thus, the most you can do (or any parent or guardian of 16 & 18 year olds, can do) is to persuade, influence, engage and continue to "teach" them, the best way you can. While keeping in mind that any attempt to "impose" your will on them, is likely to result to angry rebuff.
Therefore, You might strongly discourage your two youngest children from socializing with their two older brothers altogether. In order to avoid exposure to their brother's conduct and influence, that you believe is unaccepatable.
You might attempt to re-establish a "talking" relationship with your older sons, in order to request that they respect and consider their younger sibling's sensibilities; and the impact their inappropriate sexual conduct may have on your younger children.
You might also (very carefully) remind your older sons that sex with an "under age" person (under 17) is still considered rape and can be prosecuted in criminal court. Thus, your son's sexual picadillo's could cost them their future. Remind them of other practical negative consequences of their conduct, ie., "public" perception of the type of people they are, despite their achievements, (the way the "no talking slob, does not get the job, even if the slob is head of his class); but avoid lecuturing about their "immorality" and such other stuff, which is essentially subjective, and based upon religious ideas and values that your sons may not have accepted.
Good luck,
Phroska L. McAlister,ESQ