In Nassau and Suffolk county, when there are issues of custody and parenting time, the court is empowered to appoint an attorney to represent the children. That attorney for the children used to be called a law guardian, but some years ago that name was changed. The attorney for the children is appointed by the judge from a panel of pre-qualified attorneys who have special training in the area of dealing with children. Their job is to interview the children and report to the court what their client’s desire and positions are, if the children are of a certain age. In cases involving younger children who really are not capable of expressing that, the attorney for the children will assess the best interests of the children and report that to the court. Of course, that attorney becomes another attorney in the case and therefore, if there was a trial, would be given the right to examine the parties under oath, just like the other lawyers can in a normal trial.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.