We are assigned as your child's attorney (AFC) or law guardian: What does that mean and what does the process include?

Every time a matter concerning a child goes through Family Court, a lawyer is appointed to represent the child and serve as the child's lawyer. Whether it is a child custody, neglect or divorce, this can be a tumultuous time for families. Children, in particular, can feel caught in the middle. The AFC's/law guardians role is to advocate and represent the child's wishes and interests.

When the court assigns an attorney from our office for your child, we will send all the parties in the matter a notice that we have been assigned and contact information for you to reach us. We will then set up a meeting with your child. It can be at our office, their school/daycare, or other necessary accommodations to meet with your child. However, home visits are generally prohibited as it creates a possibility that the AFC could become a witness in the case. Many parents ask to be present or feel slighted if one parent brings the child for a meeting instead of the other. However, it doesn't matter which parent brings the child in. The purpose of the meeting is for the attorney to speak with the child privately and get a sense of what is going on from them directly, neither parents input is necessary. Children are entitled to have confidential conversations with their attorney, just like adults do, and neither party may be question the child about the discussions or the proceedings.

From there the Attorney for the child acts as any other attorney would in Court proceedings, including filing motions and appearing in court as well as participating in any trial. They represent the position of the child, unless doing so would place the child in danger.

An attorney for children is a role that our office takes very seriously. It is easy for kids to feel like they get pushed aside or not heard in family court cases. We take the time to listen and understand the child's point of view and give them a voice in the legal process.