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 based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
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 on, and expressly limited to, the information presented.
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.