Legal Question in Family Law in New York

Law guardian isn't doing her job

I have a Law Guardian appointed to my case. After the first meeting with her and my daughter she seemed very interested in protecting the rights of my daughter. It appears after she met with my ex husband her opinion changed. During our second court visit she defended my ex husband's rights fully knowing his history of alchol and drug abuse and absentee times where he comes in and out of my daughter's life. She was suggested to the court he have unsupervised visits and over nights. She did not follow up with the home visit he should have recieved nor his drug screening. My ex husband has even boasted to me how he charmed the pants off of her and how she has been giving him advice on how to clean up his act to ensure he gets unsupervised visits.

How can I get her dismissed from my case? Is there something I can do, its obvious she is bias to him and is not doing her job which is to protect the rights of my daughter. She totally disregarded the things my daughter told her, her fears, complaints and that she did not want to visit with her dad alone or spend the night at his house.

Please help, I am scheduled to set up another meeting between her and my daughter soon. I do not trust her or what she may say to my daughter.

Asked on 9/10/05, 9:31 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Law guardian isn't doing her job

The courts are very deferential to 'law guardians'. You can speak up and ask the judge for a new law guardian, but you must have very specific evidence on which to base your request.

It sounds like you do have such information.

It might be best to have a lawyer for yourself in this matter. You are welcome to a consultation for no fee.

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Answered on 9/11/05, 9:43 pm

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