Understanding the Role of the Attorney for the Child in a New York Custody Case
In New York, the court may appoint an Attorney for the Child (AFC) in custody, visitation, family offense, abuse and neglect, and other family law proceedings. While the appointment can surprise parents, the Attorney for the Child plays an important role in helping ensure that the child's voice is heard throughout the legal process.
The Attorney for the Child Represents the Child − Not Either Parent
One of the biggest misconceptions is that the Attorney for the Child works for the judge or serves as a mediator between the parents. In reality, the Attorney for the Child is just that: the child's attorney.
Like any other lawyer, the AFC owes ethical duties of loyalty and confidentiality to their client. They meet with the child, gather relevant information, and advocate for the child's position in court. In most custody and visitation matters, New York law requires the AFC to advocate for the child's expressed wishes whenever the child is capable of making a knowing, voluntary, and considered judgment. In limited circumstances, the attorney may instead advocate for what they believe is in the child's best interests, such as when following the child's wishes could place the child at risk of serious harm.
What Does the Attorney for the Child Do?
An Attorney for the Child may:
- Meet privately with the child.
- Review school, medical, or other relevant records.
- Speak with parents, attorneys, teachers, or other individuals involved in the child's life.
- Participate in court conferences and hearings.
- Present evidence, question witnesses, and make legal arguments on the child's behalf.
Importantly, the AFC is not a therapist, evaluator, or social worker. Their role is to provide legal representation, not counseling or custody evaluations.
Does the Attorney Decide the Outcome?
The Attorney for the Child provides valuable information and legal advocacy, but the judge ultimately decides custody and parenting time based on the evidence and the child's best interests under New York law.
That said, judges often give significant consideration to the Attorney for the Child's advocacy because the attorney has had the opportunity to speak directly with the child and participate throughout the case.
Why Legal Guidance Matters
Every custody case is unique. Whether an Attorney for the Child is appointed early in the proceedings or later as the case develops, parents should understand the attorney's role and work closely with their own counsel to present the strongest possible case.
If you are involved in a custody or visitation matter on Long Island, an experienced Suffolk County family lawyer can help you navigate the process, communicate effectively with the court, and protect both your parental rights and your child's interests.