Tuesday, December 31, 2013

Is it possible to remove court appointed child Attny who's violated my son (7 yo)'s confidence? He doesn't trust her.

Q:  Trying to modify visitation bc dad refuses to participate in my sons life. Removes him from friends, sports & insists on taking him out of town against my sons will. I'm worried abt the psychological effects on my son who begs me to be able to stay home & play with friends. Dad has a lot of $ & little interest in parenting ( we have joint legal). I feel stuck bc the child avocate is not helping to protect my sons needs & seems enamourd with my ex (who is somewhat famous). My poor son is devistated about being uprooted (dad lives in another town) every other weekend & shuffled around. Now ex is asking to get him a nanny so he can travel with him. I'm represented but nobody seems to be considering what's best for my son... Just my ex. Child avocate refuses to let me get my son into therapy.

A:  David's Answer:  While it is possible to file a motion to have the attorney for child removed, it rarely is granted. Thus, you should have relatively clear allegations which impugn the ethics & professionalism of this attorney. Request that the Judge interview the child "in camera." Be prepared for (unspoken) backlash, however, if the motion fails. If you don't feel your attorney is acting in your best interests, consider a change. For (at the least) a 2d opinion, schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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