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 Forum New York Products Divorce by County

New York Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

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

New York Divorce Support New York Divorce Online

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.

Was this helpful? Like our site & let us know.

Related Articles

Start New York Divorce Start Your New York Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
New York Divorce Find New York Divorce Professionals in Your Area:
Join the Network
New York Divorce Products, Services and Solutions New York Divorce Products, Services and Solutions
New York Divorce Resources to Help You Through the Process.
Online Parenting Class New York Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free New York Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
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.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a New York Divorce


Settle Your Divorce Negotiate Your New York Divorce


Support Forum New York Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site