When is an Attorney for the Child (AFC) appointed in a custody case?

An AFC is appointed in high-conflict cases, abuse/neglect allegations, unclear child wishes, or complex issues. Our attorneys at Veridian Legal guide you through this process in NYC under New York law.

Who pays for the AFC’s fees?

Parents share costs based on financial circumstances, determined by the court. Our attorneys at Veridian Legal can help navigate fee allocation in NYC custody cases under New York law.

Can the AFC override parental rights?

No, the AFC advocates for the child’s best interests but can’t override parental rights unless abuse/neglect is proven. Our attorneys clarify this in NYC courts under New York law.

How does the AFC represent a child with special needs?

The AFC ensures unique needs (physical, emotional, educational) are addressed, advocating for services like therapy or specialized care. Our attorneys support this in NYC under New York law.

What if I disagree with the AFC’s recommendations?

Present evidence to the court to challenge, as the judge makes the final decision. Our attorneys at Veridian Legal represent your interests in NYC custody cases under New York law.

The Role of an Attorney for the Child (AFC) in New York Custody Cases

Child in hoodie looking out through rain-spotted window

In the midst of a custody dispute, it's crucial to ensure your child's voice is heard and their best interests are protected. In New York, courts often appoint an Attorney for the Child (AFC) to advocate specifically for the child's needs and wishes. Our experienced custody attorneys at Veridian Legal can help you understand the role of the AFC and how they can impact your case.

What is an Attorney for the Child (AFC)?

An Attorney for the Child (AFC) is a lawyer appointed by the court to represent a child in custody cases. Unlike the parents' attorneys, who represent the interests of their respective clients, the AFC's sole focus is on advocating for what they believe is best for the child. They act as an independent voice for the child, ensuring their needs and wishes are considered throughout the legal process.

Responsibilities of an Attorney for the Child

The AFC has a multifaceted role in custody cases, with responsibilities that include:

Meeting with and interviewing the child: The AFC will spend time with the child to understand their wishes, concerns, and perspective on the custody situation.
Investigating the facts of the case: The AFC may conduct independent investigations, such as interviewing witnesses, reviewing documents, and visiting the homes of both parents.
Representing the child's wishes in court: The AFC will present the child's wishes and advocate for their best interests in court hearings and trials.
Filing motions and legal documents: The AFC can file motions and other legal documents on behalf of the child to protect their rights.

When is an AFC Appointed?

The court typically appoints an AFC in custody cases where:

There is a high level of conflict between the parents.
There are allegations of abuse, neglect, or substance abuse.
The child's wishes are unclear or contested.
The case involves complex legal or factual issues.

The AFC's Role in Different Court Proceedings

The AFC's role may vary depending on the specific court proceeding:

Preliminary Conferences: In divorce cases, the AFC may be appointed at the preliminary conference to begin their investigation and meet with the child.
Return of Process Appearances: In Family Court custody cases, the AFC is usually appointed at the initial appearance.
Custody Trials or Hearings: The AFC will actively participate in trials or hearings, presenting evidence, questioning witnesses, and advocating for the child's position.

Who Pays for the Attorney for the Child?

The cost of the AFC is usually shared between the parents, with the court determining the allocation based on each parent's financial circumstances. In some cases, the state may cover the cost of the AFC.

The AFC and the Child's Wishes

The AFC is obligated to represent the child's wishes, especially if the child is old enough to express their preferences clearly. However, if the child is too young or unable to articulate their wishes, the AFC may use their professional judgment to determine what is in the child's best interests.

Ethical Considerations for Attorneys for the Child

AFCs are bound by strict ethical guidelines, including maintaining confidentiality and avoiding conflicts of interest. They must act in the child's best interests and avoid being influenced by the parents or their attorneys.

How to Prepare for a Meeting with the AFC

Be open and honest: The AFC needs to understand your child's perspective, so encourage your child to express their thoughts and feelings openly and honestly.
Gather relevant information: Provide the AFC with any information that might be helpful, such as school records, medical records, or a list of people who can provide information about your child's well-being.
Prepare your child: Explain to your child what the AFC's role is and why they are meeting with them. Reassure them that their feelings and opinions matter.

The AFC's Role in High-Conflict Custody Cases

De-escalating conflict: The AFC can help reduce conflict between parents by facilitating communication and encouraging cooperation.
Advocating for safety: If there are concerns about a child's safety, the AFC will take steps to protect the child, such as requesting supervised visitation or recommending orders of protection.
Prioritizing the child's needs: The AFC will ensure that the child's needs are prioritized amidst the conflict and that decisions are made in their best interests.

The AFC and Special Needs Children

Understanding unique needs: The AFC can be particularly helpful in cases involving children with special needs. They can ensure that the child's unique physical, emotional, and educational needs are understood and addressed in custody arrangements.
Advocating for appropriate services: The AFC can advocate for the child to receive appropriate services and support, such as therapy, tutoring, or specialized medical care.

The Limits of the AFC's Role

Not the final decision-maker: While the AFC's recommendations are given significant weight, the judge ultimately makes the final custody determination.
Cannot override parental rights: The AFC cannot make decisions that override the fundamental rights of parents, such as the right to make decisions about their child's education or healthcare, unless there is evidence of abuse or neglect.

Alternatives to an AFC

Parenting coordinator: A parenting coordinator is a neutral third party who helps parents resolve disputes and co-parent effectively.

Remember: The specific role and responsibilities of an AFC can vary depending on the circumstances of the case and the judge's instructions. If you have questions or concerns about the AFC in your case, it's essential to consult with an experienced family law attorney.

Contact Veridian Legal for Custody Cases Involving an AFC

If you are involved in a custody case where an AFC has been appointed, it's crucial to have experienced legal representation to protect your rights and ensure your child's best interests are represented. Contact Veridian Legal today for a consultation at (212) 706-1007 or info@nycfamilyattorneys.com.

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