Legal Question in Family Law in New York
Hi, I was wondering if it is possible to get a law of guardian removed from a case? I am currently trying to reduce visitation for my 6 year old's father because he has not even contacted her in the past two years, and then suddenly decided he wanted her for a month over the summer. She no longer recognizes him in pictures and she has long since stopped talking about him. She calls my fiance daddy now and he has been in her life for over 3 years. Her father hasn't bothered to show up to the past two court dates and this is a common thing for him. However, my daughter's law of guardian has decided that he deserves more visitation because "that's how he feels." He hasn't even spoke to my daughter and is forming this opinion completely based off his own personal feelings rather than the best interest of my daughter. Is there anything I can do about it?
1 Answer from Attorneys
Be careful what you wish for.
Actions like those you are proposing will more likely than not lead to the father and the law guardian agreeing that custody should be modified - in favor of the father.
The law presumes that it is in the best interest of a child to have a loving, strong relationship with both biological parents. That you let your daughter call your fiance daddy is likely to be used against you.
Unless your ex is a child molester, drug abuser or something along that line you should be very careful here...and it might help you to discuss things with a local family lawyer before you make some serious mistakes.
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