When does a child need an attorney?

Divorce creates emotional upheaval, especially for children. You and your spouse are both represented throughout the entire process by attorneys who protect your interests and present your viewpoints, but children don’t typically appear in court and express their wishes, even when the matters being discussed, such as custody and visitation, affect them directly.

To help bring about a result that is truly in their best interests, a legal representative is sometimes appointed to speak for them, present evidence that supports their point of view, and/or make recommendations that will bring about the best possible result for them.

In New York state family courts, children have two types of legal representation available to them:

• Child’s attorney: This is an attorney who listens closely to what the child wants and advocates for their needs and desires while keeping their best interests in mind. This option is often selected for older children who are able to clearly and maturely articulate their feelings.
• Law guardian or Guardian Ad Litem: These advocates are a more common choice for younger children because they tend to exercise independent judgment and make their recommendations based on what they believe to be in the best interests of the child.

An attorney or law guardian is usually called into service when the parents are unable to reach an agreement on custody and visitation, or there is reason to be concerned about the well-being of the children, such as suspicion of sexual or domestic abuse. They play an important role in any family law situation where the child requires an independent and neutral party advocating for them.

If a representative is appointed for your children during the divorce process, then you are obligated to cooperate with them to the best of your ability. This includes:

• Making the kids available to meet with them
• Allowing the lawyer to see the children’s school records, medical records, and other important information

These interviews and record inspections allow the child’s lawyer or guardian ad litem to establish what steps or arrangements will support the best interests of the children. They will also:

• Meet with you and your spouse to get an understanding of your own wishes and viewpoints and see how closely they align with what the children want
• Meet with teachers, counselors, daycare providers, and other important adults in the children’s lives
• Participate in any hearings that relate to the children, such as custody and visitation discussions

As a general rule, you and your spouse are responsible for covering all legal fees charged by the attorney or law guardian. How the cost will be divided tends to depend on each parent’s ability to pay. In certain circumstances, the state will cover legal fees.

If you and your spouse are unable to come to an agreement on important matters related to the children, then hiring an attorney for them can bring about an outcome that minimizes their stress and makes it easier for them to adjust to their new lives. At Eskin & Eskin, P.C., a family law firm for family law needs, we collaborate with attorneys for children to help achieve the best outcome for families. Our seasoned lawyers handle family court cases, like child support, visitation and custody on a regular basis. For a free consultation, call 718-420-5204 or visit www.EskinAndEskinLaw.com.