Attorney for the Child

Has a judge appointed an Attorney for the Child in your custody case in New York? Learn more about the role of the AFC and how to have a smooth process.

An AFC is just what it sounds like—an attorney who represents a child in custody or the custody aspect of a divorce case. Custody cases are about the child, and the child is one of the individuals most affected by the decision in the case. Because of this, in most instances, New York state gives a minor child in a custody case the right to have his/ her point of view represented in the case. However, it is ultimately the judge’s decision whether to appoint an AFC. The child has a voice, not a vote. New York state judges appoint an AFC “for minors who often require the assistance of counsel to help protect their interests and to help them express their wishes to the court.”

People often think of custody cases as having two sides. In actuality, there are at least three sides and principles in each case (more if there is more than one child and the children have separate opinions and views). The AFC is an important role created to give your child full legal representation in the custody case and ensure that his/her opinion is heard and considered by the court in making this important decision. This e-book offers guidance and insight into how an Attorney for the Child will work with your child as part of a custody case.