When families go through divorce or custody disputes, children often find themselves caught in the middle of the issues. In New York State, the legal system recognizes that minors may need a dedicated advocate to ensure their voices are heard, referred to as an Attorney for the Child (AFC).

What is an Attorney for the Child?

An Attorney for the Child is a lawyer appointed by the court to represent a child’s expressed wishes in a custody dispute. Unlike attorneys for parents, the AFC is not a neutral mediator nor a “best interest” advocate in the traditional sense, as their sole purpose is to reflect the child’s voice in court. The fees for these attorneys are commonly, but not always, paid for by the County.

The AFC must act in accordance with the child’s capacity for decision-making. If the child is able to make a knowing and considered choice, the attorney is required to advocate the child’s position. Even if the attorney personally believes the choice is not in the child’s best interest.

When Does the AFC Override the Child?

There are situations where the attorney may advocate contrary to the child’s wishes. This happens if:

• the child lacks the capacity for a fully informed decision such as when the child is either too young or mentally compromised; or
• following the child’s wishes would likely result in serious imminent harm to the child or others.

Even in these cases, the AFC must respect the child’s desire to have their opinion shared with the court, emphasizing transparency in the legal process. Generally, younger children are more likely to have their expressed wishes filtered or guided by the AFC due to developmental limitations.

Across the state, children are represented either through institutional AFC offices, including nonprofit organizations or county defender offices; or assigned private attorneys who have completed AFC training and been appointed to a panel.

Why the AFC Matters in Custody Decisions

The AFC can play a pivotal role in determining which parent becomes the custodial parent, simply by virtue of representing the child. Judges often rely on the AFC’s perspective as a trusted, neutral voice, particularly in cases where parental conflict is high. It is also important that the parent be provided access to, and input for, the AFC assigned to their case. While the attorney’s recommendation is only one factor among many, it carries weight. If the AFC supports your position, it can strengthen your case for custody. However, if the AFC favors the other parent, you may face a more challenging path in persuading the judge.

Benefits of Having an AFC on Your Child’s Case

The presence of an Attorney for the Child is statutorily mandated, and offers several key advantages:

• Independent perspective: Courts receive an impartial opinion focused solely on the child.
• Informed decision-making: AFC guidance helps judges make decisions that reflect the child’s voice and they could be allowed to access independent data about the child such as school, medical and psychiatric records.
• Legal guidance for the child: The attorney explains options and rights in terms the child can understand.
• Advocacy: The AFC ensures the child’s preferences are formally represented.
• Support and reassurance: Children receive guidance navigating what can be a stressful legal process, and many AFCs are usefully in settlement discussions that stay child focused.

Navigate Complex Family Disputes With Success

In New York custody cases, an Attorney for the Child is more than just a procedural requirement, since they are a significant advocate for children navigating complex family disputes. An experienced family attorney at Tully Rinckey PLLC can help navigate through this process.

Working with an experienced family law attorney when families go through divorce or custody disputes can help ensure that minors have a dedicated advocate to ensure their voices are heard. If you need a family law attorney, contact us and speak with an attorney today by calling 8885294543 to explore your options and protect your future and your child’s future.

Jillian R. Falt, Esq., an Associate in the firm’s White Plains office, handles a diverse array of family and matrimonial law matters. Her family law practice includes pre- and post-nuptial agreements, separation agreements, equitable distribution, spousal support, child support, post-judgment modifications and enforcement, family offense matters, and child custody and access. She represents clients in all aspects of settlement, litigation and the negotiation and drafting of agreements.