Guardian & FiduciaryGuardian & Fiduciary

Attorney for the Child

PRIVATELY PAID ATTORNEY FOR THE CHILD APPOINTMENT PROCESS

A new privately paid attorney for the child appointment process became effective January 1, 2004, in the three Appellate Division Departments where authorized (First, Second and Fourth). The process was developed to conform privately paid attorney for the child appointments with the provisions of Part 36 of the Rules of the Chief Judge. It requires the use of three official forms: an order of appointment, affirmation of services and order approving compensation. The process maintains prior practice which allowed attorneys for the child to draw down on retainers and pay themselves from billing receipts without further order of the court. It adds a final order of compensation which, in approving the total award for services, could order the parties to pay a net amount due, or direct the attorney for the child to reimburse the parties for monies collected in excess of the total award.

The Attorney for the Child Forms are in a PDF “fillable” format, which enables the user to complete the forms on-line by entering requested information in all blank spaces. Adobe Acrobat Reader is required for access to these documents.

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Attorney for the Child Forms with instructions