Does an Attorney Represent your Children During Divorce?
No. If there’s a contested matrimonial proceeding, the judge will appoint an attorney for the child, or child advocate attorney. A child advocate attorney acts as any other attorney, meaning they represent the interests of the child. The attorney for the child ultimately expresses the child’s wishes to the court. However, there are two instances in which the attorney for the child does not have to advocate for the child’s wishes in the court: 1) If the child lacks the capacity to understand what they are agreeing or not agreeing to; 2) If the child’s wishes will subject them to harm of any kind, physical, mental, or emotional. Call (516) 280-8880 today to speak with an experienced Garden City attorney.