If you are getting divorced and there are children involved, then the Court may appoint an Attorney For The Children, what most people still call a Law Guardian.  It is important to note that the Attorney For the Child (“AFTC”) is an attorney for the child.  The AFTC is not your attorney and is not your spouse’s attorney.  The AFTC is not there to resolve issues between the parties.  However, the AFTC will look out for the children’s issues and make sure they are properly represented.

Here is a list of what you need to know about the AFTC:

  • The AFTC should meet with the children.  In almost every situation the AFTC should meet with the children.  Indeed, the AFTC should meet the children alone and with each parent.  However, if the children are extremely young (less than 2 years of age) or there is some other valid reason (example, medical), then the AFTC may choose not to meet with the children.
  • The AFTC  should meet with both parents.  Again, in almost every situation the AFTC should meet with both parents, separately.
  • Before the AFTC can talk to you, they must get permission from your attorney to speak to you.  Since you want to show that you are cooperating, you should give your attorney permission so that the AFTC can talk directly to you.  However, you do not want to share any confidences or any legal strategies with the AFTC.  You must remember, anything you say to the AFTC will be allowed to be used as evidence.
  • You should not tell your children what to say to the AFTC.  However, you can tell your children that the AFTC is there as there attorney.
  • If your child has a question, the child should call the AFTC.
  • You should not interfere with the AFTC’s relationship with the children.
  • The AFTC is not the judge.  Do not ask them how the case will be resolved.

If you considering a divorce, then you need to hire an experienced attorney.  David Badanes and the Badanes Law Office have helped numerous individuals in all areas of matrimonial and family law.  If you need an attorney to represent you, then call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Garden City.