Q: The judge in family court is not letting my 17 year old daughter choose her own attorney. She has a temporary order of protection from my ex-spouse, but she doesn’t feel comfortable with the court-appointed attorney, and she doesn’t feel comfortable with another court-appointed attorney. She has two attorneys that she’d feel comfortable with. One of the names I gave her and the other name she knew from the divorce. The judge is saying she can’t have either person and that only the judge herself can pick the attorney. My daughter is 17 – doesn’t she have the right to choose her own attorney?
A: David’s Answer: Here’s the issue – if the child is being assigned an attorney by the Court (as opposed to retaining one), then she does NOT have the right to select from the list. If she’s dissatisfied with any given attorney for specific reasons, she DOES have the right to ask that the attorney be discharged – its then up the the Judge whether to grant that request or not. Schedule a consult with a Westchester Child Custody attorney for more info. – David Bliven, Westchester Child Custody Attorney. , (www.Blivenlaw.net)