Q: Who else can you go to if your child's attorney will not return your call regarding a time sensitive issue?
This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go back to her mother's this weekend according to our court order, but she no longer wants to go there unsupervised after their incident. If the child attorney does not answer or respond to our calls/emails, is there another way to address this issue so I don't have to put my child back into a situation she feels unsafe?
A: You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.
A: You need to file an Order To Show Cause to modify parenting time. Talk to your attorney about this.
A:
It is rare to see a mother being the visiting parent in a New York family court case. For this reason alone, the asker much watch his step in crying wolf too many times. In the case of a non-responsive law guardian, there is nothing a parent can do. The law guardian runs the case as the judge feeds off of the law guardian. If the law guardian decides the asker is behaving incorrectly, the judge will flip custody to the other parent.
Another factor to consider is that when a family subjects itself to family court, the government takes over protecting the child. The parents lose all their rights to their child. Only once the parents get out of family court do they resume protection of their child.
The best course of action for this asker is to retain counsel and follow that counsel's advice.
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