Direct Answer: Usually Not in Uncontested Cases

In most uncontested divorces in New York, children do not need their own lawyer. When both parents agree on custody, visitation, and support arrangements, and these agreements serve the children’s best interests, the court typically approves the parenting plan without requiring separate legal representation for the children. However, there are specific circumstances where the court may appoint an attorney to represent your children’s interests.

When Courts Appoint an Attorney for Children

Specifically, New York courts may appoint an Attorney for the Child (formerly called a law guardian) in certain situations, even in uncontested cases:

• Allegations of abuse or neglect involving either parent
• Significant mental health concerns affecting parenting capacity
• Substance abuse issues that may impact child safety
• Older children expressing strong preferences that differ from the agreement
• Complex medical or educational needs requiring specialized advocacy
• High-conflict situations despite the divorce being technically uncontested

However, In NYC Family Courts, judges have discretion to appoint an attorney whenever they believe it would help protect the children’s interests, regardless of whether parents request it.

Attorney for the Child vs. Guardian ad Litem

In conclusion, Understanding the distinction between these roles is important for parents navigating divorce:

Attorney for the Child

• Represents the child’s expressed wishes (for children who can articulate preferences)
• Acts as a traditional attorney-client relationship
• Advocates for what the child wants, even if different from “best interests”
• Required for children over age 14 who request representation

Guardian ad Litem

• Represents the child’s best interests as determined by the guardian
• Typically appointed for younger children who cannot express clear preferences
• Makes independent assessments about what arrangements would benefit the child
• May recommend different outcomes than what parents or children want

Cost Implications for Parents

The financial impact of children’s legal representation varies significantly:

• Court-appointed attorneys: Often provided at no cost to parents, especially in Family Court
• Private attorneys: Parents may need to pay $150-$500 per hour if they choose private representation
• Income-based fees: Some programs charge based on parents’ combined income
• Split costs: Courts may order parents to share attorney fees equally

In uncontested divorces filed in Supreme Court, parents typically avoid these costs entirely since children’s attorneys are rarely needed when parents agree on all custody and support matters.

Best Interests Representation

Even without separate legal representation, children’s best interests are protected through multiple safeguards in New York’s uncontested divorce process:

• Judicial review: Judges examine all custody and support agreements
• Mandatory child support guidelines: Ensure adequate financial support
• Parenting plan requirements: Detailed schedules must be submitted
• Court discretion: Judges can reject agreements that don’t serve children’s interests

When Separate Representation Might Help

Consider requesting an attorney for your children if:

• Your teenager strongly disagrees with proposed custody arrangements
• Children have special needs requiring specific advocacy
• There are concerns about one parent’s fitness that haven’t been formally addressed
• Children have inherited property or trust funds needing protection
• Relocation is planned that significantly impacts the children

The Bottom Line

For most uncontested divorces in NYC, children do not need their own lawyer because parents have already reached agreements that prioritize their children’s wellbeing. The court’s review process provides an additional layer of protection. However, if circumstances suggest that children’s interests might not be fully represented by the parents’ agreement, don’t hesitate to discuss with your attorney whether requesting appointment of children’s counsel would be beneficial. The goal is always ensuring your children’s needs are met during and after the divorce process.

Need help understanding how child representation works in your specific situation? Our experienced NYC divorce attorneys can explain your options and help ensure your children’s interests are protected throughout your uncontested divorce. Schedule a consultation to discuss your family’s needs.