Family Court proceedings can be overwhelming and stressful for everyone involved,
including the children. The roles of the child in Court proceedings is often
misunderstood. However, the voice of the child matters in Court. New York is unique in
that it is one of several places in the United States where children are assigned an
attorney in certain Family Court cases, such as custody, visitation, and guardianship.
The Court takes into consideration the child’s perspectives in legal proceedings to
ensure their happiness, safety, and well-being. Understanding the following legal rights
of children can help parents, guardians, and other important people in the child’s life to
be informed advocates for them.
- Right to legal representation: Children have the right to their own lawyer in
Family Court. In New York, these lawyers are called Attorneys for the Child
(AFC). - Right to protection: There are legal safeguards in place for children in cases
involving domestic violence, neglect and abuse. - Right to be heard: Having the right to be heard means that children can voice
their opinions and wishes in court. Their choices matter in how a decision is
made for their future.
These three rights work together to protect children during Family Court proceedings. Ensuring that these rights are upheld requires a dedicated advocate who works with the child during court proceedings.
How is a child represented at Court?
This is where an Attorney for the- Child (AFC) steps in. AFCs are attorneys who are
appointed by an Order of a Family Court Judge in proceedings that are appearing
before them. It is important to remember that AFCs are attorneys for the child or
children only. They do not represent either the petitioner or respondent in a Family
Court case. AFCs are also funded through the state, so their services are provided at no cost to the family.
Acting as a legal bridge between the Court and the children involved in the Court
proceeding, an AFC helps explain legal terms to their child clients so that they can
assert their rights confidently. Sometimes, the Court will want to hold a special
proceeding where the child, the Judge and the AFC will meet, often after a trial has
occurred, to better understand a child’s position or key facts in a case. This does not
mean that the child has a “vote at the table”, but this does give the child an opportunity
to have a voice in the proceedings. The meeting is done without the petitioner, respondent or other family members and the AFC helps to safeguard the child’s privacy during this special proceeding.
Protecting children’s rights and advocating for their best interests is the AFC’s primary
duty. There are a lot of narratives and legal factors at play in Family Court. At the end of the day, it is the best interest of the child that is most important. An AFC helps to ensure that the Court’s understanding of the child’s best interests includes the child’s voice and wants, creating a more comprehensive picture for the Court.
By understanding the rights of children in Family Court proceedings, parents, guardians, and caregivers can better advocate for children’s welfare, ensure their voice is heard, and support outcomes that protect children’s well-being.