Law Guardian / Attorney for the Child in New York Custody Cases
Somewhere in your custody paperwork, you may see a name attached to your child that isn't yours, your ex's, or the judge's — a "law guardian" or "attorney for the child." Parents are often confused about who this person actually represents, and the confusion matters, because misunderstanding this role leads some parents to treat the appointment as a threat rather than understanding it as a court-appointed, child-focused role in the case.
The Terminology Shift: Law Guardian to Attorney for the Child
New York officially renamed "law guardian" to "attorney for the child" (AFC) years ago to better reflect the role, though many parents, and even some practitioners, still use the older term interchangeably. Both refer to the same position: a licensed attorney appointed by the court specifically to represent the child's interests — legal interests, not simply what an adult believes is best for the child — in a custody or visitation proceeding.
Who the Attorney for the Child Represents
The AFC does not represent either parent. The court appoints the AFC to represent the child's interests in the custody or visitation proceeding, keeping the focus on the child rather than either parent's position.
When Courts Appoint One
A court may appoint an AFC in a contested custody or visitation proceeding. The appointment is made by the court and is separate from either parent's representation.
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What the Attorney for the Child Actually Does
The AFC's central role is child-focused representation in the custody or visitation proceeding. The exact scope of the appointment depends on the court's order and the circumstances of the case.
What This Means for Parents
Because the AFC's role is focused on the child, parents benefit from being straightforward and child-focused in any interaction connected with the appointment. The AFC is not either parent's attorney, so parents should keep their information and requests focused on the child's needs and the court's process.
The New York Child Custody & Parenting Plan Guide explains how the attorney for the child fits into the broader custody process and how to organize child-focused information for the case. Get the complete guide at /us/new-york/custody-parenting/.
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