What is an Attorney for a Child, and Why Might One Be Appointed in New York State?
It’s important to understand that in any court hearing related to child custody, the courts will render decisions that are in the best interests of the children. While most parents believe that they are acting in the child’s best interests, the court has the final say when there is a dispute. In these cases, the court may appoint an AFC (attorney for child) who will represent the child’s interests in the divorce case. In this article, Westchester County child custody attorneys at The Law Office of Robert S. Shine, P.C. will discuss the role of the AFC and how to prepare yourself for a case involving one.
What is the role of the AFC?
While you and your soon-to-be former spouse have their own attorneys, the role of the AFC is to represent the best interests of the child or children involved in the divorce. The AFC acts solely on behalf of the child’s interests. The AFC is not allowed to “substitute judgment” over the wishes of the child unless the child is very young or has a developmental disability.
Who pays for the AFC?
The AFC is usually appointed by the court when the parents are in dispute over the best interests of the children. The parents are required to pay the legal fees to the AFC. However, it is important to remember that the AFC is not your lawyer and is not representing your interests. Nothing you say to the AFC is considered confidential as it would be with your own attorney.
When will the court appoint an AFC to my case?
The court will appoint an AFC to any case involving parents who cannot agree to custody arrangements. If one parent believes the other parent to be unfit, an AFC will usually be appointed to the court to ensure that the child’s best interests are being met. In these cases, the AFC’s role is to act solely in the best interests of the child. The court too will only consider the best interests of the child—and not the parents’ own interests—when deciding matters related to child custody.
Should I hire an AFC?
Parents have the option of hiring an AFC themselves. In cases where the parents are openly hostile to one another or there is a real dispute in terms of the best interests of the children, the court may appoint an AFC to act in the child’s best interests. You may want to hire an AFC if:
- You and your spouse are hostile to one another
- Your spouse is likely to fight a custody agreement
- Your spouse has been verbally or physically abusive toward the children
- You are concerned about your spouse’s ability to care for the children’s needs
- You are afraid that your spouse is attempting to alienate the children from you
Talk to a Westchester County Divorce Lawyer Today
The Westchester County divorce lawyers at The Law Office of Robert S. Sunshine, P.C. represent the interests of parents in custody disputes. Call our office today to schedule an appointment and we can begin representing your interests right away.
