Q: My sons law guardian has been EXTREMELY biased towards his mother
because he holds a huge grudge against by former lawyer- he admitted it
in court and to the judge- and has been ruthless towards me when I have
been the better parent. He has done everything to make me seem unfit,
when she is the one who has had CPS called on her numerous times by
neighbors. He has not attempted to make an in home visit or anything.
I am no longer using him, I could not afford him. I am in a
financial tough spot as we speak, but want what is best for my boy.
I am wondering what are the steps to seek a new law guardian in the state of new york.
A: David's Answer: You would need to file a formal
motion to recuse the Attorney for Child. That said, rarely do such
motions succeed. Moreover, the blowback would be to make the Attorney
even more hell-bent against you, possibly anger the Judge (as s/he may
feel you're just trying to delay the proceeding) and be out the money
paid to your new lawyer (hopefully you have one) for filing the motion.
I'd suggest to schedule a "clear the air" meeting with the Attorney for
the Child. - 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.
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