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Family Law Litigation

New York State's Attorney for the Child System

Part Two of a Two-Part Article

As discussed in Part One last month, an AFC advocates for the child client in much the same way that any other attorney advocates for an adult client. This author is not a fan. He concludes his discussion of the drawbacks of New York's AFC system herein.

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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 childs 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 Yorks AFC system here.

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