Attorney for the Children in Custody Cases

Both parents have lawyers in custody cases. Often, each parent tells the court what they believe is in the best interest of their child and what is their child’s wishes. The court does not want the parents to place the children in the middle of a custody case and is also cognizant of the innate bias in a parent’s opinion. As a result, in many cases, an attorney for the child is appointed by the court to represent the child’s desires.

What is an Attorney for the Child?

Attorneys for the Children, also known as AFCs, are lawyers appointed by the court to represent children who are the subject of custody case. An AFC meets with the children and is their advocate. They can argue in court, file briefs and motions, and ask questions in a hiring or trial. The role of the attorney for the child is "to be an advocate for and represent the best interests of the child, not the parents.”

An AFC must zealously advocate the child's position. This means that the attorney must consult with and advise the children. They learn about the child’s circumstances and feelings of the litigation.

If the child is old enough to be able to express their wishes, the attorney for the child has to tell the court what the child wants and cannot substitute their own judgment.

An attorney for the child is only able to substitute their own judgment if the child is too young to express his, her, or their, wishes, or does not have capacity to understand what is happening.

The attorney for the child must tell the court when they are presenting their own position and not the child’s.

AFCs are required to abide by strict ethics. The guidelines can be found on the court’s website.

When is an Attorney for the Child Appointed?

In divorces, an attorney for the child is appointed at the preliminary conference, which is the first appearance before the court. The Supreme Court may wait until a later appearance to appoint an attorney for the child if the judge believes the parties can resolve the matter.

In Family Court custody cases, the attorney for the child is appointed at the return of process appearance date.

Payment for the Attorney for the Child

Attorneys for the children are either paid for by the state or by the parties. The Court can order one parent to pay a larger percentage than the other.

Daniel Szalkiewicz & Associates are Dedicated Custody Attorneys

Daniel Szalkiewicz and Cali Madia understand how important it is for you to be able to tuck your child in at night.  We help you fight for what is in your children’s best interest and to create the home life you want.