Who speaks on behalf of children in divorce?

When a complicated custody battle is taking place, a lot of parents want to make sure that their child’s opinion gets heard in the proceedings. There are ways to make sure that someone is advocating for what is truly best for your child’s future. In New York State we have what is called – it used to be called, back in the day, the law guardian. It’s now called an attorney for the child or children.

This is an attorney who is appointed by the court to represent the children so the children have a voice in the litigation. The role of the attorney for the child is to obviously interview their client, the children are that attorney’s client, to understand and determine what the child or children’s preferences are with regards to which parent they would rather live with.

Now, depending on the age of the children, the attorney for the children should not substitute their judgment. However, the attorney for the child may be dealing with clients who are very young or if the child has disabilities, the attorney for the child would have the ability to substitute his or her judgment in that situation. It is valuable to know that that judgment may be opposed to what the child is saying because they are not able to make educated decisions about their future for themselves. The attorney for the children is appointed by the court so the children have a voice in the proceedings. If you feel as though your child may benefit from an attorney for a child, you should consult with your divorce and family law attorney who can make a recommendation about this matter. 

If you require experienced legal representation for divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.