Attorney for the Child in New York: What Parents Need to Know
Insight from an Attorney Who Serves on Both Sides of the Process
What Is an Attorney for the Child?
An Attorney for the Child (AFC) is a lawyer appointed by a family court judge to represent the interests of a child in a contested custody, visitation, or family offense proceeding. The AFC is not a mediator, a custody evaluator, or a guardian ad litem who simply reports to the court. Under New York law, the AFC is the child’s actual attorney — bound by the same professional obligations as any lawyer representing an adult client.
Attorney Pieter Weinrieb is a member of the Attorney for the Child panels in both Erie County and Niagara County. He has represented children in custody proceedings across Western New York. That direct experience gives Weinrieb Law an advantage that is genuinely rare among local family law firms: when Pieter represents a parent, he already understands exactly how an AFC thinks, what information they gather, and what ultimately shapes their recommendations to the court.
When Does a Judge Appoint an Attorney for the Child?
Not every custody case involves an AFC. Judges appoint one when the circumstances suggest the child’s interests may not be adequately represented by either parent’s position. Common triggers include:
- Allegations of abuse, neglect, or domestic violence
- Significant parental conflict that has drawn the child into the middle
- One parent seeking relocation with the child
- Disputes involving very young children who cannot express preferences
- Cases where the child is old enough to have clear, expressed preferences that differ from what a parent is requesting
- Family offense petitions in Family Court
- Cases involving parental substance abuse or mental health concerns
An AFC can be requested by either parent, or the court can appoint one on its own motion at any stage of the proceeding.
What Does the AFC Actually Do?
The AFC meets with the child, typically in a private setting away from both parents. They may also speak with teachers, therapists, pediatricians, and other adults in the child’s life. They review relevant records and may observe the child in each parent’s home.
Under New York’s rules for law guardians and attorneys for children, the AFC represents the child’s expressed wishes unless those wishes would put the child at risk of harm. If the child is too young or lacks the capacity to form a reliable preference, the AFC advocates for what they determine to be the child’s best interests. The AFC will participate in all court proceedings and may submit a written recommendation to the court or testify about their findings.
How Should Parents Interact with the AFC?
How you conduct yourself with the Attorney for the Child matters enormously. The AFC is evaluating both parents. Common mistakes include:
- Speaking negatively about the other parent in the child’s presence, which the AFC will likely learn about from the child directly
- Coaching the child on what to say. Children often disclose this, and it significantly damages parental credibility
- Being uncooperative when the AFC requests records, home visits, or collateral interviews
- Contacting the AFC directly without going through your own attorney
- Disparaging the AFC to or around the child
The AFC’s recommendation carries significant weight with the judge. Working with an attorney who understands how AFCs conduct their investigation — and what they are looking for — is one of the most important advantages you can have in a contested custody case.
Can I Request That an AFC Be Appointed?
Yes. Either parent can make a formal request to the court for appointment of an Attorney for the Child. This is sometimes strategically appropriate — particularly when you believe your child has expressed clear preferences or when the other parent’s conduct would benefit from independent scrutiny. Whether requesting an AFC makes sense in your case depends on the specific facts and how the proceeding is likely to unfold. We can advise you on this as part of a broader custody strategy.
Frequently Asked Questions
Does the AFC always follow what the child says they want?
Not always. The AFC represents the child’s expressed wishes unless following those wishes would place the child at risk. For younger children who lack the maturity to form a considered preference, the AFC substitutes their own judgment about what serves the child’s best interests. As children grow older — generally, courts give increasing weight to the preferences of children over age 12 — the AFC is more likely to advocate for what the child wants.
Who pays the Attorney for the Child?
In most Erie County cases, the AFC is compensated through a county-funded assigned counsel program at a set hourly rate. In some circumstances, the court may order one or both parents to contribute to the AFC’s fees based on their respective financial circumstances.
What if I disagree with the AFC’s recommendation?
The AFC’s recommendation is not binding. The judge makes the final custody determination. However, departing from the AFC’s position requires presenting the court with a compelling counter-argument. Your attorney can cross-examine the AFC, present evidence the AFC may not have fully considered, and argue why the child’s best interests support a different outcome.
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