When a family law case involves custody, parenting time, safety concerns, or another issue that directly affects a child, the adults involved are not always the only people who may have legal representation. In some cases, the court will appoint a separate attorney for the child.
In the State of New York, you will hear this attorney commonly referred to as an Attorney for the Child, or AFC.
What Does an Attorney for the Child Do?
An Attorney for the Child represents the child – not either of the parents or the court. Their job is to make sure the child has a voice in a legal process that can have a major impact on their daily life and future.
Typically, the AFC will meet privately with the child, explain the court process in a way the child can understand, and learn more about the child’s personal concerns and preferences – separately from parental influence or pressures. The AFC may also review records, participate in hearings, question witnesses, and advocate for the child’s position in court.
These conversations are generally confidential, just as they would be between an adult client and an attorney.
In most cases, the AFC advocates for the child’s wishes when the child is able to make a thoughtful and informed decision. There are limited situations in which the attorney may take a different position, such as when the child cannot fully understand the decision or when following the child’s wishes could place them at serious risk.
The AFC does not decide the outcome of the case. That decision remains with the judge.
When Are AFCs Appointed?
Attorneys for the Child are appointed in Family Court proceedings involving children, with the exception of child support matters. This can include cases involving custody, parenting time, abuse or neglect, juvenile delinquency, foster care, adoption, and other issues affecting a child.
In Supreme Court divorce cases, the appointment of an AFC is not automatic. A judge may appoint one at their discretion when custody or parenting time is disputed, or an attorney involved in the case may request that an AFC be appointed.
Tiveron Law Has Two Attorneys for the Child
Tiveron Law is proud to have two attorneys who serve as Attorneys for the Child: Tasha D. Frazie and Ashley N. Keavney.
Both Tasha and Ashley practice in our Matrimonial and Family Law Department and have experience handling the difficult and deeply personal issues that often arise when children are involved in a legal dispute.
Serving as an AFC requires more than an understanding of family law. It also calls for patience, sound judgment, independence, and the ability to speak with children about complicated situations in a way that makes them feel heard and respected.
Having two Attorneys for the Child on our team is another way Tiveron Law continues to support children and families throughout Western New York.
Speak With a Western New York Family Law Attorney
If your family is facing disputes in custody time, divorce, adoption, support, or other Family Court matters – having the right legal guidance can help you better understand the process and your options.
To speak with a member of Tiveron Law’s Matrimonial and Family Law team, contact us at 716-636-7600.
This article is provided for general informational purposes only and should not be considered legal advice. The appointment and role of an Attorney for the Child may vary depending on the circumstances of the case and the court’s orders.
Frequently Asked Questions
Do I get to pick my child’s Attorney for the Child?
No. An Attorney for the Child is appointed by the court, rather than selected by either parent. This helps ensure that the AFC remains independent and focused solely on representing the child’s interests and position throughout the case.
Is an Attorney for the Child the same as a Law Guardian?
Yes. “Law Guardian” is the older name for the position. New York now uses “Attorney for the Child” because it more clearly describes the attorney’s role as the child’s legal representative.
Does every child in a custody case get an AFC?
No. Some types of cases require the appointment of an attorney, while in other cases the decision is left to the judge.
Can one attorney represent several siblings?
Sometimes. One AFC may represent multiple siblings when their interests and wishes are generally aligned. When siblings want different outcomes or a conflict develops, separate attorneys may be needed.
Can a parent tell the AFC what position to take?
No. Parents may share relevant information, but the AFC’s client is the child. Neither parent controls the attorney’s position or how the attorney handles the case.
Does the AFC tell the judge everything the child says?
Not necessarily. The attorney has a duty of confidentiality to the child. However, the AFC may use information learned from the child when presenting the child’s position and advocating on the child’s behalf.
Does the judge have to follow the child’s wishes?
No. A child’s preferences may be an important part of the case, but they are only one factor the judge may consider. The judge is ultimately responsible for deciding what outcome is in the child’s best interests.
Do parents still need their own attorneys?
Yes. An AFC represents the child only. Each parent may need separate legal representation to protect their own rights, present evidence, and understand their responsibilities throughout the case.