Child advocates play an important role in New York family court cases. These cases often involve deeply emotional matters that affect the lives of children and their families. When disputes arise over custody, visitation, or other issues involving children, the court may decide that a child advocate is necessary to ensure the child’s best interests are protected. The role of a child advocate is unique because their sole responsibility is to represent the child’s needs and wishes while focusing on their overall well-being. This role can be complex and requires great care, understanding, and commitment to making decisions that truly benefit the child. At, Jean M. Mahserjian, Esq., P.C , we are here to guide you through the legal process and help you navigate the complexities of your case.

Of Counsel

Ashley
Mahserjian, Esq.

Managing Attorney

Joe
Capisciolti, Esq.

Associate Attorney

Understanding Who Child Advocates Are

Child advocates, sometimes referred to as attorneys for the child, are appointed by the court to represent the child in legal matters. They are licensed lawyers who are trained to handle sensitive family law issues, particularly those involving children. Their primary duty is to make sure the child’s voice is heard and their interests are prioritized. In situations where children are old enough to express their wishes, the child advocate listens to them and communicates those wishes to the court. If the child is too young to express their views or if their wishes conflict with their well-being, the advocate focuses on making recommendations that align with what will benefit the child most.

Why Child Advocates Are Important

Family court cases often involve conflict between parents or guardians. In these situations, emotions can run high, and decisions can become difficult. Parents may not always agree on what is best for the child, and the child’s perspective can sometimes get lost. This is where child advocates play an important role. They ensure that the court has a clear understanding of the child’s needs, concerns, and wishes. By doing so, they help judges make informed decisions that protect the child’s emotional, physical, and psychological well-being. Child advocates also serve as a neutral party in family court disputes. Unlike parents or guardians who may be emotionally invested in the outcome, child advocates focus solely on what is best for the child. This neutrality is essential in cases where there is a lot of tension or conflict between the adults involved.

The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.

– Joseph B.

Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.

– Melissa W.

How Child Advocates Work

The work of a child advocate involves several steps. First, they meet with the child to get to know them and understand their perspective. Depending on the child’s age and comfort level, these meetings may take place in a home, school, or other familiar setting. The advocate listens carefully to what the child has to say and observes their behavior to gather information about their emotional state. Next, the child advocate may speak with other people involved in the child’s life. This can include teachers, counselors, doctors, and relatives. These conversations help the advocate form a complete picture of the child’s needs and circumstances. The advocate may also review documents such as school records, medical reports, or previous court decisions to understand the child’s history and current situation. Finally, the advocate represents the child in court. They present the child’s views, make recommendations based on their findings, and provide the judge with insights into what actions will best serve the child’s interests. They may also participate in mediation sessions or other negotiations to help resolve disputes outside of court.

Situations Where Child Advocates Are Appointed

Child advocates are appointed in many types of family court cases. These can include custody and visitation disputes, cases involving allegations of abuse or neglect, and situations where a child is at risk of harm. They may also be involved in cases where the court needs to decide on matters such as education, medical care, or relocation. In some cases, child advocates are appointed because the court believes the parents or guardians cannot agree on what is best for the child. In others, the advocate may be appointed because the child’s voice is not being adequately represented. Regardless of the circumstances, the goal of the child advocate is always to ensure the child’s needs are prioritized and their well-being is protected.

The Challenges Child Advocates Face

While the role of a child advocate is important, it is not without challenges. One major challenge is balancing the child’s wishes with what is best for them. For example, a child may want to live with a parent who is unable to provide a safe or stable environment. In such cases, the advocate must carefully weigh the child’s desires against their overall well-being and make recommendations that are in their best interest. Another challenge is managing the emotional aspects of the job. Family court cases can be highly charged, and child advocates often work with children who are experiencing stress, confusion, or fear. It takes great care and patience to help children feel comfortable and supported while navigating these difficult situations. Child advocates also face the challenge of working within the legal system. They must gather evidence, prepare arguments, and present their findings to the court, all while maintaining their focus on the child’s needs. This requires a strong understanding of family law and the ability to handle complex cases with care and professionalism.

The Impact of Child Advocates

The presence of child advocates in family court cases can make a significant difference in the outcome. By representing the child’s interests, they help ensure that decisions are made with the child’s well-being in mind. This can lead to more stable and positive outcomes for children and their families. In addition, child advocates often provide emotional support to children during a challenging time in their lives. By listening to the child’s concerns and giving them a voice in the legal process, advocates help children feel valued and understood. This support can have a lasting impact on the child’s emotional health and overall development.

How Child Advocates Help Families

While child advocates focus primarily on the child, their work can also benefit families as a whole. By acting as a neutral party, they help reduce conflict and promote understanding between parents or guardians. Their recommendations can provide clarity and guidance in situations where emotions may otherwise cloud judgment. Child advocates also help families navigate the legal process. They explain court procedures, answer questions, and provide guidance on what to expect. This support can make the process less overwhelming for families and help them work toward resolutions that are in the child’s best interest When families face legal challenges that involve children, the role of a child advocate is invaluable. These advocates ensure that children’s voices are heard, their needs are prioritized, and their well-being is protected throughout the legal process. By providing guidance and support, they help families navigate difficult situations with care and understanding. If you are involved in a family court case and have concerns about your child’s well-being, seeking legal guidance can make a significant difference. At Mahserjian & Mahserjian-Ortiz, PLLC, our dedicated team understands the complexities of family law and is committed to helping families find solutions that work for everyone involved. Contact us today to learn more about how we can assist you in protecting your child’s best interests.

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The Role of Child Advocates in New York Family Court Cases