Legal Question in Family Law in New York

My son is very upset with the schedule between his father and me. He wants me to go back to court to change it and says he does not want to the same attorney he had. He says she did not do what he wanted and he felt uncomfortable telling her things because she would meet with his father and stepmother before and after meeting with him. The problem is it is a well known law guardian and no one seems to want to cross her. She spoke with his stepmother and based her opinions of what he wanted on what the stepmother suggested because as the law guardian stated in court, "the stepmother is wonderful and a social worker". In the meantime, she made comments in court accusing me of making up a rape charge against the father when our son was a baby and stated the outcome was something it actually had not been. What do I do since no courts remove law guardians? My son refuses to talk to her.


Asked on 1/11/11, 8:40 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Courts remove or replace Attorney's for the Child also known as Law Guardians, all the time. It is not completely unusual. Your son, depending on his age can do this. He can tell the attorney he wants a new attorney and the LG is required to transmit this info to the court. You can reinforce this by having your attorney also transmit this to the court as well. Have your son, depending on his age, write a letter to the court and have your attorney present it to the family court judge or referee.

Read more
Answered on 1/16/11, 11:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York