Legal Question in Family Law in New York

is this normal?

my question relates to the procedures involving a law guardian.

i am in the middle of an ongoing litigation for divorce with custody issues.

We where assigned a law guardian, i and i met with the law guardian for a total of 1 hour. the stbx was then awarded a temporary order that gave her custody and exclusive use of the home.

Nearly a year later the Stbx has broken the memorandum of understanding not only in its letter but also its spirit.

i filed a order to show cause in an attempt to reversew custody, the judge reassigned the law guardian, and instructed the law guardian to reinterview the children. The law guardian never once reinterviewed me to find out what my complaints were or any thing and told the judge that there was no reason to consider reversing the custody.

Is this a normal procedure to never find out the reasons that the request was made?

Is there a way to petition the court for a different law guardian, as i believe the current one is prejudiced against me.

Thank you for your help and i apologize for being long winded.


Asked on 10/29/06, 8:12 pm

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: is this normal?

You need to provide more detailed information for a proper assessment of your case; in any event you should contact a lawyer experienced in these matters as soon a spossible. Feel free to call our office if you wish to schedule a consultation.

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Answered on 10/30/06, 10:05 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: is this normal?

In custody litigation, Parents are able to effectively express their concerns, interests and themselves directly or via their attorney/s to the Court. And, since there is a dispute between the parents concerning the children's "best interests," the Court requires an "objective" third party, or agent of the Court, to investigate and report what they believe are the child's interests.

So, a Law Guardian is appointed to be the child/ren's objective representative to the Court, concerning what the children's "best interests," based upon what the children want and say about the matter and other investigatation.

Thus, a Law Guardian decision NOT to discuss or confer with the Parents about the custody matter, is proper.

Good luck,

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Answered on 10/30/06, 7:44 pm


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