What does an attorney for the child do in New York?

In New York, an attorney for the child represents the child in a custody or visitation case and advocates for the child’s position during the court process. This lawyer does not serve as a neutral evaluator for the parents or the judge.

How the attorney represents the child

An attorney for the child serves as the child’s independent legal counsel. The lawyer may meet privately with the child, discuss the family situation and learn what the child wants the court to know.

Those conversations are generally confidential, but limits apply, including when safety concerns or abuse allegations arise. New York City Bar guidance on custody and parenting plans gives general background on how these disputes work. In most cases, the lawyer advocates for the child’s wishes unless the child cannot make a knowing and voluntary judgment or following those wishes could create a risk of serious and imminent harm.

What can the attorney do during the case?

The attorney for the child can take an active role in the case, much like the lawyers for the parents. That can include filing motions, reviewing records, questioning witnesses and appearing in hearings.

The lawyer may also gather background information to understand the child’s daily life. This work can include:

• Reviewing school or medical records
• Speaking with teachers, counselors or therapists
• Visiting a parent’s home
• Looking at how each parenting plan may affect the child

These steps give the attorney a more complete understanding of the child’s needs, daily routine and living conditions. They also give the court a broader basis for evaluating custody and parenting arrangement questions.

What parents should avoid during this process

Beyond understanding what the attorney does, parents should also understand how their own conduct can affect the case. Trying to coach the child or influence what the child says to the lawyer can create problems.

Courts may view that behavior negatively, and it can interfere with the child’s ability to communicate openly with the attorney. The same concerns can also shape broader custody and visitation disputes in New York. A family law attorney can help you understand how the attorney for the child may factor into your case and what you can do to protect your position during the custody proceedings.