In New York custody
In New York custody and visitation cases, the child’s best interests are the main consideration. Legal standing is generally limited to parents and attorneys appointed to represent the child. The child does not have full party status and cannot participate in financial matters like divorce settlements. However, an attorney for the child (AFC) can appeal custody decisions on behalf of the child if the child is aggrieved, Recent court cases have held that AFCs have authority to appeal custody orders when the child is affected, even if the parents do not appeal.
The New York Court of Appeals In Matter of Abdoch v. Abdoch, held that the New York Family Court Act authorizes an AFC to appeal on behalf of their client when neither parent-party has appealed. The mother and father had an agreed-upon custody order providing that the children lived primarily with the mother. The father petitioned to modify the custody order which the mother opposed in a competing petition. The attorney appointed to represent the four children opposed the father’s petition stating that the children wished to continue living primarily with their mother. The AFC appealed the Family Court order determining that modification was warranted and awarding the parents joint custody “with designated zones of influence” and shared residency. The Court of Appeals held that an AFC is authorized to appeal a custody determination on behalf of an aggrieved child. It reversed the Family Court order and remitted the matter to the Appellate Division for consideration of the facts and issues raised but not determined.
For a free child custody consultation, call  experienced Buffalo Child Custody Attorney Michael Ranzenhofer at (716) 543-3764.