A Manhattan mom is fed up with all the delays in her three-year child custody battle — so she’s suing the judge.
Public relations exec Maggie Rhee Karn claims in her $ 10 million federal lawsuit that Manhattan family Court Referee Marva Burnett has been stringing out the case for over three years, costing her over $ 200,000 in legal fees while allowing her ex-husband to control major decisions about their 9-year-old’s schooling and religion.
The Catholic mother’s case against her Jewish ex, Kenneth Karn, a financier, has taken over 1,200 days — even though state law requires custody proceedings to be complete within 90 days.
In 2010 only about a quarter of cases took over 180 days.
The judge never declared Maggie, 44, an unfit parent, but still awarded Kenneh, 48, temporary custody, only allowing the mother to see their daughter during the daytime on alternate weekends, according to court papers.
Maggie’s attorney, Susan Chana Lask, showed The Post a redacted copy of a 2011 report by the Administration for Children’s Services.
It reads, “Sarah stated she prefers her room at her mother’s home.”
It adds that even though she “likes spending time with her father” she “doesn’t want to live with him.”
Ken was given temporary custody after a court-appointed attorney for the child expressed concern to the judge that Maggie would relocate to a third apartment in a short period of time, according to a partial court transcript.
“This is the worst case I’ve ever seen,” said Lask, a veteran family law attorney.
A Westchester dad fighting for custody of his 2-year-old son sued Burnett this past March, claiming she left a motion pending for 474 days — almost eight times the two month limit.
Maggie has been in court over 40 times since 2009 when she filed for full custody and her estranged husband counter-sued to have his daughter half of the time.
The couple is also involved in divorce proceedings.
A chief judge allegedly refused to investigate Maggie’s case because she threatened litigation. Maggie claims the judges are “acting above the law” by ignoring her pleas for timely due process.
“This case has never been about the best interest of my child, but appears to be a financial profit to everyone Referee Burnett appoints,” Maggie wrote in a letter last February to Administrative Judge Edwina Richardson-Mendelson.
Assemblyman Dan Quart was inspired by Maggie’s struggle to propose legislation that would enforce the 90-day limit for custody and visitation proceedings.
“Maggie came to me, devastated by her experience in Family Court,” Quart said.
“Custody proceedings play a very important role in determining the structure of many children’s lives, but too many New York parents have shared Maggie’s experience of a never-ending series of court dates,” he added.
Ken’s attorney, Cheryl Solomon, told The Post in an interview that Maggie is partly to blame for the drawn-out case.
Solomon noted that the mother has switched counsel twice and filed appeals that have slowed down the process.
Solomon would not get into the substance of the Karns’ legal battle, but she said, “My client believes the child’s best interest would be served by awarding him custody.”
Maggie is also suing her daughter’s court-appointed attorney, Rosemary Rivieccio, claiming she has missed or delayed a dozen court appearances.
Rivieccio handles 80 cases a year at $ 300 an hour, according to the suit.
She did not return emails and phone calls for comment.
A spokesman for the court and Burnett declined to comment citing the ongoing litigation.
Yahoo Local News – New York Post
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