Question: ...judge know what had transpired in the divorce 3 years earlier and it did help. Now, close to a year later, I'm considering filing for a change of custody via Supreme Court. Can I file another motion to have the Law Guardian removed? I know it's controversial, but at the very least it will let this other judge know all that transpired -- he's going to be in complete disbelief. My daughter is turning 16 in a few weeks and she should be able to select her own Law Guardian, but I hear it's up to the judge. Again, my question is this: Can I file another motion to have the Law Guardian removed -- this time in Supreme?
David's Answer: While certainly possible, the questions is whether you feel it's going to get you anywhere. If you're filing for a change of custody of a 16yo, whether you'll prevail will be largely dependent on her preference as to where she wants to reside. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
No comments:
Post a Comment