Monday, February 24, 2014

How can I find case law to support replacing a law guardian with another law guardian -- google didn't seem to help?

Q:  I just submitted a custody violation petition in family court, and the judge wants to appoint the law guardian from the original divorce & custody action – only he’s the reason my ex now has custody. I’m requesting that the female attorney who spent the most time with my child, now at her own firm – whom I’m calling the de facto law guardian – be assigned instead, for the purposes of continuity for the child. Also because my child is a 15 year old girl and the de facto law guardian is also female. Other factors – I supplied many affidavits witnessing physical and emotional abuse of my older daughter and myself which was ignored in the initial action, but recently there was a police action between my ex and 15 year old daughter – the 5th police action involving my ex over 7 years.

A:  David's Answer:  If you are looking for case law, you're best advised to go to the Law Library at Westchester Supreme Court (9th Fl.) - look for the book publishing by West called "New York Family Law Practice."   -- David Bliven, Westchester Family Law attorney (

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