When it comes to custody cases in New York, having an Attorney for the Child (AFC) involved in the proceedings can provide an invaluable asset. But what does AFC mean, and what role does an AFC play in New York custody cases? In this blog article, we explore the meaning of AFC, the benefits of having an AFC involved in a custody case, and the qualifications and responsibilities of an Attorney for the Child.
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What Does AFC Mean?
AFC stands for Attorney for the Child, a type of lawyer who specializes in representing children in custody cases. Also referred to as a child advocate attorney, child advocacy attorney, or child lawyer advocate, an Attorney for the Child is assigned by the court to represent the interests of the child in a custody dispute. The AFC is not the same as a lawyer representing either the mother or father in the case; they are an impartial third-party lawyer whose sole mission is to represent what the child wants. The AFC does not advocate for the best interest of the child. The AFC cannot substitute their own judgment over that of the child.
Overview of New York Custody Laws
In New York, custody laws are set forth in the both Statute and Caselaw (decisions by judges). The court is authorized to make custody orders in cases where the parents are not able to reach an agreement. The court is required to take a number of factors into consideration when determining the custody arrangement of a child, including the child’s age, developmental stage, and physical and mental health. For more on child custody click here.
What is an Attorney for the Child (AFC) and What Does an AFC Do?
An Attorney for the Child (AFC) is an attorney appointed by the court to represent the interests of the child in a custody case. Note, the “interests of the child” and not the “child’s best interests.” This is an important distinction. The AFC does not substitute their judgment over what the child wants.
The AFC is not a lawyer for either the mother or father in the case; they are a neutral third-party lawyer who is solely focused on looking out for the interests of the child.
The AFC’s job is to provide the court with an independent opinion about the child’s interests and to advocate for those interests in court. The lawyer may interview the child and other relevant parties, review any evidence, and present their findings to the court. The AFC may also provide legal advice to the child, if necessary. The AFC is the lawyer for the child, not for either parent. They also must operate under very strict ethical rules.
How Does an AFC Help in New York Custody Cases?
An AFC in New York custody cases can provide invaluable assistance to the court and the child involved. The lawyer’s independent opinion can help inform the court’s decision and ensure that the court understands all relevant factors when making a custody determination.
The AFC can also provide legal advice to the child and serve as a trusted advocate for the child’s interests. The AFC can help the child understand their rights and options, as well as provide support and guidance throughout the process.
Who Qualifies to be an AFC?
In order to become an Attorney for the Child in New York, a lawyer must have at least five years of legal experience, including three years of family law practice. The lawyer must also be in good standing with the New York State Bar and have completed a course in the representation of children in custody cases.
What Are the Responsibilities of an AFC?
The responsibilities of an AFC include reviewing the relevant evidence and interviewing any relevant parties, including the child. The lawyer should then present the evidence to the court and advocate for the child’s interests. The AFC should also provide the child with legal advice and support throughout the process.
Benefits of Having an AFC Involved in a Custody Case
Having an Attorney for the Child involved in a New York custody case can provide a number of benefits, including:
- Providing the court with an independent opinion about the child’s interests
- Assisting the court in making an informed decision
- Providing legal advice to the child
- Serving as an advocate for the child’s interests
- Providing support and guidance to the child throughout the process
The Role of the AFC in Representing Children in Custody Cases
When representing a child in a custody case, the AFC must advocate for what the child wants. The lawyer should ensure that the child’s voice is heard and that the child is provided with the legal advice and support they need. The AFC should also be familiar with the relevant state laws and understand how to present the evidence in a way that is most beneficial to the child.
Courses for Becoming an Attorney for the Child
In order to become an Attorney for the Child in New York, a lawyer must have completed a course in the representation of children in custody cases. These courses can be taken online or in person, and typically cover topics such as interviewing techniques, legal ethics, family law, and the rights of children in custody cases.
Conclusion
When it comes to custody cases in New York, having an Attorney for the Child (AFC) involved in the proceedings can provide an invaluable asset. An AFC can provide the court with an independent opinion about the child’s interests and advocate for those interests in court. They can also provide the child with legal advice and support throughout the process. If you are involved in a custody case in New York and would like to learn more about the role of an AFC, call Port and Sava today for a free 15-minute consultation at (516) 352-2999.
