Is it possible to get a law of guardian removed from a case?

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Is it possible to get a law of guardian removed from a case?

The guardian appointed for my daughter has decided that her father deserves more visitation, even though her father hasn’t spoke to her in 2 years. He hasn’t bothered to show up for the last 2 court dates either. I would understand if he actually spoke to my daughter first and decided that was in her best interest but he doesn’t even remember the 1 time her spoke with her where he had the chance to ask her only 1 question.

Asked on November 3, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This must be a very frustrating time. What I think that you are most upset about here is that you believe that the Law Guardian - who is appointed to represent the best interests of your child - is not actually doing his job, not so much that he has given the Father additional visitation.  Understand that in New York a law guardian may not be disqualified from representing the child - which is his client - based on a claim of bias because the law guardian has taken positions which support one part over another. There is a lot to be proven for bias.  But they can be held to the standard that they are supposed to by the court.  Speak with your divorce attorney.  Good luck.


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