Standards for Attorneys Representing Children in New York Custody, Visitation and Guardianship Proceedings - Approved by the Executive Committee of the New York State Bar Association

Sep 19, 2026

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Standards for Attorneys Representing Children in New York Custody, Visitation and Guardianship Proceedings (January 2015) sets effective-representation expectations for attorneys representing children in private custody, visitation, and guardianship matters across New York State courts. It addresses maintaining a traditional attorney-client relationship, loyalty, confidentiality, child-centered consultation, and guidance under professional ethics. It further outlines duties and required actions through investigation, pleadings, domestic-violence assessment, hearing participation, post-hearing communication, and appellate considerations.

LanguageEnglish

CategoryLetters

FormatPDF

Pages31

Reading Time11 min

AccessFree to download

Preface

A. The Child’s Attorney

A-1. The Attorney-Client Relationship

B. General Authority and Duties

B-1. Basic Obligations

B-2. Conflict Situations

C. Actions to be Taken

C-1. Meet With the Child

C-2. Investigate

C-3. File Pleadings

C-4. Assess Domestic Violence

C-5. Child With Special Needs

C-6. Negotiate Settlements

C-7. Pre-Trial Reports

C-8. Undocumented Children SIJS

D. Hearings

D-1. Court Appearances

D-2. Client Explanation

D-3. Motions and Objections

D-4. Presentation of Evidence

D-5. The Child’s Participation at a Hearing

D-6. Whether Child Should Testify

D-7. Child Witness

D-8. Questioning the Child

D-9. Challenges to Child’s Testimony or Statements

D-10. Conclusion of Hearing

E. Post-Hearing

E-1. Review of Court’s Order

E-2. Communicate Order to Child

E-3. Implementation

E-4. Subsequent Proceedings

F. Appeal

F-1. Decision to Appeal

F-2. Withdrawal

F-3. Participation in Appeal

F-4. Conclusion of Appeal

F-5. Cessation of Representation

NYSBA Committee on Children and the Law Standards for Attorneys Representing Children in Custody, Visitation and Guardianship Proceedings 2015 Approved by the Executive Committee of the New York State Bar Association, January 2015. Standards for Attorneys Representing Children in Custody, Visitation and Guardianship Proceedings (January 2015) NEW YORK STATE BAR ASSOCIATION COMMITTEE ON CHILDREN AND THE LAW STANDARDS FOR ATTORNEYS REPRESENTING CHILDREN IN NEW YORK CUSTODY, VISITATION AND GUARDIANSHIP PROCEEDINGS Table of Contents Page PREFACE 1 A. THE CHILD’S ATTORNEY 3-9 A-1 The Attorney-Client Relationship 3 A-2. Counseling and Advising the Child 4 A-3. Overcoming the Presumption of Adherence to the Client’s Directions 5 A-4. The Use of Substituted Judgment 7 A-5. Confidentiality of the Attorney-Client Relationship 8 B. GENERAL AUTHORITY AND DUTIES 9-11 B-1. Basic Obligations 9 B-2. Conflict Situations 11 C. ACTIONS TO BE TAKEN 11-18 C-1. Meet With the Child 11 C-2. Investigate 12 C-3. File Pleadings 14 C-4. Assess Domestic Violence 15 C-5. Child With Special Needs 16 C-6. Negotiate Settlements 16 C-7. Pre-Trial Reports 16 C-8. Undocumented Children SIJS 17 D. HEARINGS 18-22 D-1. Court Appearances 18 D-2. Client Explanation 19 D-3. Motions and Objections 19 D-4. Presentation of Evidence 19 D-5. The Child’s Participation at a Hearing 19 D-6. Whether Child Should Testify 20 D-7. Child Witness 21 D-8. Questioning the Child 21 D-9. Challenges to Child’s Testimony or Statements 22 D-10. Conclusion of Hearing 22 E. POST-HEARING 22-23 E-1. Review of Court’s Order 22 E-2. Communicate Order to Child 22 E-3. Implementation 23 E-4. Subsequent Proceedings 23 F. APPEAL 23-25 F-1. Decision to Appeal 23 F-2. Withdrawal 24 F-3. Participation in Appeal 24 F-4. Conclusion of Appeal 24 F-5. Cessation of Representation 25 NEW YORK STATE BAR ASSOCIATION COMMITTEE ON CHILDREN AND THE LAW STANDARDS FOR ATTORNEYS REPRESENTING CHILDREN IN NEW YORK CUSTODY, VISITATION AND GUARDIANSHIP PROCEEDINGS (2014) PREFACE Standards for Attorneys Representing Children in New York Custody, Visitation and Guardianship Proceedings (2014) is a revised fifth edition of the child custody standards and commentaries first adopted and published by the New York State Bar Association in 1992. These Standards apply to all attorneys representing children in custody, visitation and guardianship proceedings between private persons, whether in supreme court, surrogates court, or family court. These Standards are not meant to apply to actions in which the government or a child care agency is a party, although many of the principles set forth here are relevant to both public and private custody proceedings. Attorneys and judges who are familiar with earlier editions ofthe Standards will find many similarities with the fourth edition. A major difference is that this edition changes the structure and formatting to conform more closely to other representation standards adopted by the New York State Bar Association’s Committee on Children and the Law. The Standards for Attorneys Representing Children in New York Custody, Visitation and Guardianship Proceedings (2014) are intended to define what constitutes effective representation. The Committee welcomes comments and suggestions to improve this edition of the Standards. These should be sent to the Committee through the NYSBA. STANDARDS FOR ATTORNEYS REPRESENTING CHILDREN IN NEW YORK CUSTODY, VISITATION AND GUARDIANSHIP PROCEEDINGS (2014) A. THE CHILD’S ATTORNEY A-1. The Attorney-Client Relationship Whether retained or assigned, and whether called “counsel” or “law guardian,”1 the attorney for the child shall, to the greatest possible extent, maintain a traditional attorney-client relationship with the child. The attorney owes a duty of undivided loyalty to the child, shall keep client confidences, and shall a

FAQs

What attorney-client relationship standards apply when representing a child?

The attorney for the child must, as far as possible, maintain a traditional attorney-client relationship, including undivided loyalty, protecting client confidences, and advocating the child’s position. The attorney must consult with and advise the child consistent with the child’s capacities and know the child’s circumstances.

When is “substituted judgment” restricted in custody and guardianship proceedings?

The attorney must not substitute judgment in determining and advocating the child’s position unless the child is not capable of expressing a preference or clearly lacks capacity to perceive and comprehend the consequences, or the child’s articulated position would place the child at imminent risk of serious harm.

What duties and actions are expected before and during hearings?

The standards require actions such as meeting with the child, investigating, filing pleadings, assessing domestic violence, addressing special needs, negotiating settlements, preparing pre-trial reports, and handling undocumented children issues. During hearings, they cover court appearances, explaining to the client, addressing motions and objections, presenting evidence, managing the child’s participation, deciding whether the child should testify, and handling questioning and challenges.

Sep 19, 2026

Upload by Ben