Will your child be represented by an attorney in your custody dispute with the other parent?

In a custody dispute, either within a Supreme Court Action for Divorce or in Family Court, the court has the option to appoint an attorney to represent your child and to protect his or her interests. “Attorneys for Children” are chosen from a panel of attorneys qualified to represent minors and are generally paid for their legal services by the State of New York. The function of the Attorney for the Child (“AFC”) is to advocate zealously for the child’s wishes.

To do so, the AFC must consult with and advise the child consistent with the child’s age and intellectual and emotional capacities. The AFC must have a thorough knowledge of the child’s circumstances. The AFC is subject to the ethical requirements imposed on all attorneys, including maintaining attorney-client confidentiality.

The court can order the other parties and attorneys, as well as other involved professionals such as health care providers, to cooperate with the AFC. The AFC must explain to the child all the options available to the child and is permitted to make recommendations to the child regarding what the attorney believes to be in the child’s best interests. Assuming the child has the proper capacity, and all his or her feelings and preferences are voluntary and conveyed with considered judgment, the AFC must report the wishes of the child to the court. This is so even if the attorney does not agree that the child’s preferences are in the child’s best interests.

If the AFC is convinced either that the child lacks the capacity for knowing, voluntary and considered judgment, or that following the child’s wishes is likely to result in a substantial risk of imminent, serious harm to the child, the AFC may advocate a position to the court that is contrary to the child’s wishes. Under such circumstances, the AFC must, nevertheless, inform the court of the child’s articulated wishes, if the child wants the AFC to do so.

Navigating the legal procedures in a custody dispute can be stressful, and the results can be life-altering for the child and parents alike. The experienced custody attorneys at O’Connell & Aronowitz can provide the knowledge and guidance you need. Contact us today at 518-462-5601 or click HERE.