How does one ensure that the attorney for the children does their due diligence in representing the children?

Asked about 2 years ago - Cortlandt Manor, NY

I feel that the attorney for my children is not representing them with due diligence. I do not believe this person can represent best interest without investigating the children’s complete circumstance and knowing what is true or untrue in the case that will decide their futures. To my knowledge this attorney has made no effort to verify any allegations including illegal activity, forgery, & perjury, manipulation, fear mongering & parental alienation.

I feel that this attorney is biased to the children remaining in their current location overlooking the fact that my spouse does not reside there as claimed. This means that the children are being raised by a third party instead of their parents. This attorney seems perfectly comfortable relying on affidavits and evaluations, making court appearances & collecting fees rather then exhorting any effort to truly determine what is in the children’s best interest and how best to represent them.

I have read Adopting Law Guardian Standards and The Chief Judge Clarifies the Role of Attorneys for Children NYSBA Family Law Review… but they all seem vague.

Any advice would be greatly appreciated!

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Very often once spouse thinks the law guardian is either biased toward the other spouse or not doing their job properly. Beware that Judges hear these complaints every day. You will need to make a compelling case in order to get the Judge to change the law guardian. Discuss this with your lawyer if you have one or retain one if you don't.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Andrew Walter Szczesniak

    Contributor Level 8

    3

    Lawyers agree

    1

    Answered . First of all, have you sat down with the Attorney For the Child and made you concerns known to him or her? Have you furnished that attorney with the information needed to investigate your claims? If not, I suggest that you do so forthwith. If you have, then I suggest that you sit down with your attorney and discuss this particular issue at length (I.e. make sure all of your "ducks" are "in a row") before proceeding with a bias complaint against the AFC. Judges hear these types of complaints all the time. You will do your situation more harm than good if you rush to make this type of complaint without having done your due diligence first.

    This answer does not constitute the establishment of an attorney/client relationship. It is a general answer based... more
  3. David Ivan Bliven

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Part of your confusion stems from a misunderstanding of the role of the Attorney for the Children. The Attorney is NOT an investigator, and thus has no duty to "investigate the facts." The Attorney is there to represent his/her clients, and thus as best as s/he is able to s/he should ascertain their position on the particular issues before the Court. Your attorney - in collaboration with you - should be gathering evidence and attempting to persuade both the Judge & the Attorney for the Child to come around to your perspective. In any event, if you would like a free, initial consultation, please feel free to contact me at my White Plains office - 914-468-0968.

  4. Virginia Giselle Alvarez

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you have proofs or evidence you will have the opportunity to present them. Provide the documentation to your attor ey to refute the assertions

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,105 answers this week

2,968 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,105 answers this week

2,968 attorneys answering