New York, NY asked in Family Law for New York

Q: Can a law guardian give permission for a parent to pick up their child from school against a court order?

We have custody, other parent is petitioning for custody and only has visitation every other weekend. Per the court order we have now picking up the child from school is out of her scheduled visitation. The law guardian office has not notified us of this either, it is coming from the other parent.

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1 Lawyer Answer
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: In a word, "no". An Attorney for the Child (formerly known as a "law guardian" in the context of Family Court cases) cannot overrule a judge's Order. Period.

Andrew S. Tabashneck agrees with this answer

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