Q: I have a case in family court requesting an order of protection for our daughter at her request. She’s 17 this month. Although my ex had full custody for several years, our daughter revealed that she was being abused and, following a police incident (the neighbors called), she wrote a 2 page complaint and then requested a police escort to get all her things out of the house. She now has a TOP, but there’s a hearing in a couple of weeks and she doesn’t trust her law guardian (for good reason). She wants to send an email to him, saying she’s not comfortable with him and is therefore not able to tell him everything. It’s a very corrupt cast of characters in this case. The judge said she doesn’t really want to change custody or child support, even though the child is living with me – explaining that the child may want to go back & forth and she’s ‘aging out’ soon, so let’s just keep the status quo. FYI, the child revealed my ex was punching her in the face among many other things, but the law guardian didn’t mention the abuse in court. The judge said she doesn’t read police reports and she wasn’t interested in looking at pics of the bruises. The child’s voice isn’t being heard
A: David’s Answer: If the child is that old, she may go to court herself & ask for the Judge to assign another attorney for her. Otherwise, she is free to communicate with her lawyer that she wishes to change counsel. That said, the Judge isn’t likely to read “letters” sent to him/her, especially if not copied to all sides. Schedule a consult with a Westchester Family Law attorney for a full assessment.