Over the past few years, I have argued to multiple jurists that attorneys (AFCs) should not be appointed to represent toddlers in child custody cases, with varying degrees of receptivity. Due to the absence of guidance from the Appellate Division, this argument has yet to gain traction in the minds of those judges responsible for the appointment of AFCs for toddlers.

However, to safeguard the integrity of the judiciary and to save our clients a substantial amount of money in the process, this misguided practice needs to end. Moreover, as a matter of fact and as a matter of law, AFCs cannot represent the voice or the legal rights of toddlers, who, literally, do not have the ability to understand or to communicate their parenting preferences.

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