New York Info
New York Divorce
Start Your Divorce
Find Professionals
New York Articles
Divorce Facts
Divorce Grounds
Residency
Divorce Laws
Mediation/Counseling
Divorce Process
Legal Separation
Annulments
Property Division
Alimony
Child Custody
Child Support
Divorce Forms
Process Service
Grandparent Rights
New York Articles
Agreements
Custody & Visitation
Child Support
Counseling
Divorce/General
Domestic Abuse
Financial Planning
Foreign Divorce
Mediation
Parenting
Property Division
Spousal Support
Info Categories
Contemplating Divorce
Children & Divorce
Divorce, Dollars & Debt
Divorce Laws
Divorce Process
Divorce Negotiation
More Information
Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs
For Professionals
Advertise With Us Free Network Page Join Our Network Submit Articles Sign In Network Sites
|
Attorneys for Children in Family Law Disputes
Oftentimes, in custody and visitation proceedings in New York State, an attorney is appointed for the child in question in order to represent and advocate for the child’s best interests. Attorneys for children, referred to as Law Guardians, are generally lawyers with experience in custody matters and are appointed by the court in custody and visitation disputes in which the parents cannot come to an agreement regarding these arrangements. In order to discern the child’s best interests, Law Guardians speak to the child in question, and can also communicate with either or both the parents, school employees, a child’s therapist, the forensic examiner, or anyone else necessary for obtaining information related to the child’s case. If the child is too young to discuss his or her desires with the attorney, the Law Guardian can argue the position that he or she feels is in the best interests of the child. Law Guardians are often critiqued for aligning themselves with one parent, which can lead to them acting as a second attorney for that parent. It is important for parents to remember that their child’s attorney is not intended to be a second lawyer for them, but rather, to strictly be an advocate for their child’s best interests. Another common criticism is that young children do not understand what custody arrangement is best for them, because they cannot assess their family’s situation adequately at such a young age. The New York State Appellate Division, Fourth Department, issued guidelines for attorneys for children in 2008, for both family and Supreme Court proceedings. These guidelines outline ethics and procedures Law Guardians should follow. Ultimately, attorneys for children can serve as effective advocates for children, particularly if taking these guidelines and criticisms into account when arguing their position on each case.
Navigate:
Home
States
New York Divorce Source
New York Divorce Articles, News and Resources
Child Custody & Visitation
Attorneys for Children in Family Law Disputes
The filing spouse must file and serve a verified complaint stating grounds for the divorce. In addition to the verified complaint there are other documents that must be filed including Affidavits and a Marital Settlement Agreement setting out division of property, spousal and child support.
|
![]() Find Professionals
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
Terms & Conditions | Privacy | Cookie Policy | Do Not Sell My Information
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.