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New York State's Attorney for the Child System

By Yonatan Levoritz
November 02, 2017

Last month, the author noted that in New York State, prior to 2005, children who were the subjects of custody matters were provided with a Guardian Ad Litem (GAL); the GAL reported to the court, offering his or her thoughts on the best interests of the child, and sometimes explaining the child's preferences in the matter. Reforms brought about a change, with GALs being replaced by Attorneys for the Child (AFC). An AFC advocates for the child client in much the same way that any other attorney advocates for an adult client. And although this may not sound like a radical idea at first glance, this author is not a fan. He continues his discussion of the drawbacks of New York's AFC system here.

Drawbacks

Based upon my experience in the trenches, children in many cases literally dominate the litigation, dictating when their mother or father should pick them up from school, when the mother or father should visit, and the number of times per week the child is willing to see them. Often, these children are parroting the position of one parent.

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