Thanks to the New York Law Journal for refocusing our attention on the significant issue of the child’s voice in contentious custody proceedings, by publishing two recent articles—“Does Empowering Children During Divorce Litigation Serve Them Well?” authored by Lisa Zeiderman (July 26, 2019) and “Giving a Greater Voice to the Child Enhances Fact-Finding and Decision-Making,” authored by Gary Solomon, Karen J. Freedman and Karen Simmons (Aug. 5, 2019).

I write to provide some historical perspective and add my voice in support of the present law, which provides that Attorneys for Children must represent to the court the child’s wishes (unless the child is too young, is incapable of expressing his/her wishes, or if the child’s wishes would endanger his/her health or welfare), rather than the attorney’s own opinion of the child’s best interest.

An Historical Perspective