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  1. #1
    debrick is offline Junior Member
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    Question Can a New York Law Guardian do this?

    What is the name of your state? New York State

    Can a New York Law Guardian bring an "order to show cause" proceeding in 2004 before the family court, (she was appointed back in 2002 in a previous custody hearing in which at that time all matters were dismissed or withdrawn)?

    The Law Guardian used the childrens biological mother as the petitioner, without her having any knowledge of this petition.

    This new petition was filed on the behalf of my 2nd wife who is trying to get custody of my daughter.

    I thought the Law Guardian was suppose to represent my daughter, not her ex-step mother
    (of only 1year and 4 months, before we divorced).

    There are also docket numbers from back then that are being used, without a revision date?

    Are court orders legal if they are not sighned by the attorneys or petitioner (only the judge)?
  2. #2
    rmet4nzkx is offline Senior Member
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    Yes, a jusge can issue orders and yes a law guardian my enter into evidence matters of record. You will have to be more specific.
  3. #3
    debrick is offline Junior Member
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    [QUOTE=debrick]What is the name of your state? New York State
    This order to show cause was brought up by my ex wife (of only 1yr. 4 mos.) (Not mother to any of my children) she was accusing me of being unfit. But this was prooved to be untrue and the judge gave me both of the boys. But gave my daughter to this EX-Step Parent, because the law guardian said she needed a mother figure in her life.

    I have had Sole custody of all 3 my children since my youngest (my daughter) was only 6 months old. I am a good dad and I love my daughter very much and she needs to be here with her brothers and myself.


    The Law Guardian used the childrens biological mother as the petitioner[/U], without her having any knowledge of this petition. This mother lost all rights to our children when my daughter was 6 mos. old.

    The GAL is working for the step-mom and not the best interest of my daughter.

    I am being denied my phone calls, and when I mentioned Spring Break visit she flipped out and is trying to get a restraining order against me. If i go to her house she will not let me see my daughter except through the screen door. She was ordered back in 7/04 to take my daughter to a psycologist, that never happened until 12/04. Now she is claiming my daughter is afraid of me.

    We live in Arkansas and have not seen my daughter since 7/04. My daughter was living here until the judge ordered me to bring her back to NY, where they gave her to my Ex.

    We call my daughter 4-6 days a week because our calls are never answered or returned. I am lucky if I talk to her 1 time in 6 weeks which never last for more than 5 minutes. She is coached on everything in the phone conversation. She is not allowed to talk about Arkansas, or about missing anyone down here.

    Now my Ex's new boy friend is telling me that my Ex won't talk to me and my daughter is afraid of me and doesn't want me or my sons calling there anymore.

    There are also docket numbers from back in 2002 that are being used, without a revision date?

    Are court orders legal if they have wrong names? Deceased Petitioners? Wrong Dates? Wrong County of where the court took place? Papers I signed, and later they were added to, without my acknowledege, I have a copy of the order I signed, but I have since gotten a copy of the same order that has been added to and does not have my signature on it.

    What do I do next? Is there someplace higher up?

    Is there anyway to get a new law guardian asigned, that will work in the BEST INTEREST of My DAUGHTER? Please help me.
  4. #4
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    They gave your biological daughter to the stepmom but gave you the boys??? That is extremely odd. Unheard of really.

    Did you appeal?
  5. #5
    debrick is offline Junior Member
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    yes-that is what they did. we have not appealed yet. as a matter of fact, we never were sent the final order. we got a copy of it thru a third party. we have spent the last six months reviewing documents and ordering transcripts. they also prolonged everything and living in arkansas while fighting this in new york caused us huge financial issues. we spent from april until july living in motel rooms and eating out. add in attorney costs. and all this has financially tapped us out and from here on out will be doing the rest without an attorney.
  6. #6
    debrick is offline Junior Member
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    Cool

    Can a law guardian that represented my children in a previous court appearance in 2002, represent them again in a different action in 2004?

    The law guardian refused to listen to my sons when they were telling her about physical abuse by my Ex to them and my daughter. My 12 year old has an IQ of over 200 and he tells it like it is.

    He asked the law guardian why she was representing XXX when she was suppose to be their law guardian and working for the children and looking out for their best interest. She then dropped my sons 10 & 12 as her clients and kept my daughter 9 and my Ex (not my childrens mother) as her clients.

    She also refused to contact any of my character references.
  7. #7
    LdiJ is offline Senior Member
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    What makes the least sense about this whole thing is that you were not married to this woman for very long. Did she adopt your child?...is she legally the mother in some way?

    This whole thing appears to be messed up enough that I don't see it being wise to handle it without an attorney. It almost appears that she has gotten away with things due to inadequate legal representation on your part...OR that you are leaving some seriously important factor out of your story.

    Its unusual for stepparents to even be given visitation rights regarding stepchildren in a long term marriage...let alone a short term one....and custody rights are even MORE rare.
  8. #8
    debrick is offline Junior Member
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    No she did not adopt my daughter, she has no rights to my daughter.

    And all that I have left out, is that this woman has tried to get custody of my daughter before back in 2002. The judge back then dismissed her petition and said she had no rights and was no blood related. Two court dates later, the Law Guardian advocated for her to have visitation. Which she received for all the children, but she only wanted my daughter.

    I don't understand how she even got the visitation when there was not even a petition before the courts.

    I have always had a lawyer, but as you can see he done me wrong. I think there may have been a conflict of interest, since he was a good friend with the law guardian.

    By me getting custody of my daughter when she was only 6 months old, and never having a mother figure in her life until she was 5 years old, (though it only lasted the short time) the LG used this against me. Stating to the judge that X is the only mother figure that my daughter has ever known, and she needs to be in her life.

    My Ex is also abusive, closet drinker who attends AAA meetings every sunday, Bipolar, and Excessive Compulsive, and a control freak. She has men spend the night and they sleep and _____ in the same bedroom as my daughter. They live in a small 1 bedroom apt.

    Advise appreciated!
  9. #9
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    The best advice anyone on here can give you is to get a bulldog attorney. You can't afford not to.
  10. #10
    Rushia is offline Senior Member
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    Quote Originally Posted by Smarty Panties
    The best advice anyone on here can give you is to get a bulldog attorney. You can't afford not to.
    I agree and I may have a lawyer that may be able to help you. Where in NY are you. You can either PM me or email me at [email]rmkdd1@lycos.com[/email].
  11. #11
    debrick is offline Junior Member
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    the child is now living in wayne county, a town called palmyra. it is between rochester and syracuse. we are in conway, arkansas but plan on returning up there to do an order to show cause within the next month. all the bad stuff that went on was in ontario county up there. any help or suggestions are much appreciated. our email is [email]debrick22004@ipa.net[/email] thanks so much for your help. take care
  12. #12
    MinCA is offline Member
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    It would also seem unheard of for the court to virtually terminate a father's parental rights for objecting to his daughter being babysat by her uncle who is a registered multiple-time child molester (CPS interviews indicate she's also been victimized), but it happens. And what about when a mother murders the daughter with the brother watching, and she gets off on a plea to child endangerment, then gets sole custody of the son, no visits to the father for the last four years? Or a man ordered to pay child support to a woman he had a one-night stand with, and to her husband, the biologically-proven father of the child? I am a woman, not a man, so no one can say I'm a pissed-off father because I'm not-I'm a pissed-off woman.

    The system is anti-family, and anyone who says otherwise is either an employee of the system, has never been involved in the system, or have been the person who the system favors so much as to wrongly and illegally violate the rights of the other parent, no matter how detrimental to the child.

    Class actions are happening in most states right now because of crap like this.

    I sent you an e-mail.
  13. #13
    debrick is offline Junior Member
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    Dear MinCa, I think your answer above was meant for some other post, your reply has nothing to do with my post.
  14. #14
    debrick is offline Junior Member
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    Question

    Does anyone know anything about Legal Aid? I live in a different state than my custody battle. Where do I seek Legal Aid?
  15. #15
    debrick is offline Junior Member
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    Question

    I just found out that my Ex is letting my daughter remain in her old school where her friends are, even though she lives in a different town and county.

    Can she do this?

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