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Can you get a law guardian changed for my son

Geneseo, NY |

im in court and we have not been to trial yet but there has been a number of things that have happen sense the petition was filed and the law guardian is still not allowing what is wright

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Attorney answers 4


Usually not without a good reason and both parents and all attorneys and the Court in agreement. The Law Guardian is the attorney for the children and expressing what they want in a custody or visitation case. The Law Guardian is required to speak for the children, not either of the parents, especially as the children get older into their teen years and have more say in custody/visitation matters. The only thing you might be able to complain about that is not right is that you don't think the Law Guardian has been diligent and responsive, for instance, not interviewing the children or not being prepared for the hearings.

Often in a contested matter, one or sometimes both parents may not agree with the Law Guardian or have a different view of what is right. I would ask this of my attorney, or retain an attorney to represent you or advise you as to whether the Law Guardian is acting in a responsible matter (which may not be the same as what outcome you might think is right).

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It is very unlikely that you will be able to have this appointment changed--better to try to find a way to work with the current attorney. Good luck!

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The Law for the Child is appointed by the court from a panel of approved lawyers or agencies. It is unlikely to have them removed from the case unless you can should some type of misconduct. Remember the old saying if you try to kill the king and do not succeed, then you are stuck with an unhappy ruler. Try to do the best you can with the current lawyer, ask your lawyer what you can do.

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It is very difficult to get an attorney for the child disqualified. It is their job to represent the children's interests. Inevitably one of the parents will not appreciate the position of the children's attorney and make efforts to remove them. I have never seen it done.