Thursday, January 30, 2014

How do i request a new Law Guardian for my son?

Q:  I am a single mother, and for the last 3 years it has been a battle in family court with my son's grandmother on his father's side and my son's father, niether one really bother with my child, the court petitions are a bullying tactic. Now this has been going on for 3 years and for 3 years the law guardian has treated me rudely, unprofessionally and has never had my son's best interset in mind. She has ment with my son a total of once in the past 3 years..she currently had a warrent for my arrest issued because she wants to question my 3 year old privately, and when i asked what was the line of questioning she told me it was "none of your business." she has never ment with the father or this grandmother. she has even been heard talking about her dislike for me in public. What do i do:?

A:  David's Answer:  You can file a motion to have the law guardian removed. That said, such motions rarely succeed. Principally, the Law Guardian, while s/he should theoretically "be nice" and professional toward you, is the child's attorney (thus owing no duty toward you). Moreover, s/he would be correct in not sharing his/her questions with you, just as it would be inappropriate for one of the attorneys to share your attorney's interview notes with you. Speak with a Family Law Attorney in your area.  -- David Bliven, Westchester Family Law attorney (

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