Legal Question in Family Law in New York

I am in an ongoing family court case with the grandmother of my kids (fathers mother) after my husband committed suicide. He used to work at the courts we are currently in, as well as the law guardian assigned has some guilt concerning my husbands death. I feel like my case is being one sided and not being examined within what is in the best for my children, due to the conflicting nature of my husband's standing in the court system and their failure to prevent his death. My attorney requested a change of venue, but was denied by the family court judge. Is there another way I can get a change of venue granted, and if so what steps can I take to do so? Also my children and I already live in another county, and is only being kept there because the grandmother resides in that county.. please tell me what I can do to get the conflict of interest dissolved so that my children can be treated on what's best for them, not because of guilty conscious and victim sympathy towards the mother and her control issues over my children due to the loss of hers. This case is located in upstate New York, Steuben county. Thank you.


Asked on 6/28/12, 2:09 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

You could file a second case in the Court near you and ask that court to consolidate both cases into one. I don't think that you will have much luck convincing a judge in Steuben County that they are unable to be impartial because an employee of the court system is a party in the case, so I don't think trying to argue conflict of interest would be successful.

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Answered on 9/05/12, 7:27 pm


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