NY Guardianship Case

I need case law legal research done for NY Guardianship petition filed by X-Spouse who petitioned for sole Guardian of our adult child with developmental disabilities. X also named out-of-state party as Standby Guardian. I am left out of the process entirely. My position is to become co-guardian with X-spouse acting pro se, the X has an attorney. Details: - adult child meets definition under guardian requirements - all medical affidavits already filed and accepted by court - hearing already held where I stated my opposition to sole guardian - court adjourned until Oct 16th 2020 seeking litigants to "work it out" - adult child resides with spouse. - adult child and I reside minutes away from each other in NY. Two younger siblings (adults) reside with me. - adult child visits routinely and stays over for days at my house and spends quality time with myself and siblings. - I have no criminal history, no history of abuse, neglect or legal issues with my children. - Prior to being served, I communicated opposition to current petition and desire for co-guardianship, which X ignored communication efforts and moved forward for sole Guardianship in NY. THE TWIST.... Over 3 years ago my spouse and I legally separated. The separation period is now over and completed. In 2018, X filed an action in NY against me seeking funds allegedly belonging to adult child - which was not true and that was the response to X's action. Action is pending, no decision or outcome of the case. One of the additional defenses to X allegation is that the X has no cause of action against me as at that time and to date - adult child is legally emancipated, specifically the X does not have legal guardianship to act on the adult child's behalf. Appearances and facts leads to X waited over 3 years to take this action and suddenly as the pending case is winding down - X files for Guardianship. As there is no obvious or facts that would have a court declare me unfit in any form, X's attorney has now advised if I do not cease from seeking co-guardianship of my adult child the following will take place: This pending undecided case will be cited to Guardianship judge as reason to deny my co-guardianship as I have a "conflict-of-interest" since I misappropriated my adult child's funds and that designates me unfit. I need to counter and block this "conflict-of-interest" threat with case law regarding the introduction of pure unproven allegations, the use of a pending undecided court case and protection of my parental rights to be a Guardian, if not co-guardian. Thank you