Legal Question in Family Law in New York

poor law guardian representation

I currently have custody of my 18mo. old daughter, emmaleigh grace. her father and i were never married. he didn't sign the paternity acknowledgement stating that he didn't want to play into the ''system.'' bottom line he didn't want to have to pay child support. emmaleigh, was assigned a law guardian from canandaigua, ny. she met with my daughter, my parents and me in her office on march 6 before our court proceedings on march 15 to determine a proper visitation schedule. she had met with daniel, emmaleigh's absent father some time after our meeting. daniel is an ex-convict, a drug addict, in and out of rehab centers, does not have a vehicle and is currently awaiting an opening in a halfway house. when we were in court the law guardian suggested that daniel be granted visitation every sunday in fairport, ny at the home of his parents and that it is my responsibility to transport. visitation had been at our home every saturday/sunday to begin with, but the guardian's recommendation changed all that. emmaleigh is not very comfortable around daniel and he is still verbally abusive to me using strong language in front of my daughter. i understand the law, but i feel as though the guardian was not looking out for emma. what can we do?


Asked on 4/16/07, 2:11 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: poor law guardian representation

Don't understand why Law Guardian charged YOU, with transporting your child to father's mother's home, for his visitation.

Believe you can and should tell Law Guardian that the arrangement is not workable.

Father or Law Guardian should be required to make transportation and visitation arrangements, without requiring your direct contact or involvement with father.

Good luck,

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Answered on 4/16/07, 3:56 pm


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