Summary
This Appellate Division, Fourth Department decision addresses an appeal by the Attorney for the Children regarding a Family Court order granting joint custody with designated zones of influence. The court held that children do not have full party status in custody matters and noted that neither parent appealed the underlying order. Consequently, the court dismissed the appeal to avoid forcing abandoned litigation upon the non-appealing parents.
Topics
Practice areas
Questions Presented
- Whether the Attorney for the Children has standing to appeal the Family Court order
- Whether children in a custody matter have full party status
Holdings
- The appeal is dismissed because the Attorney for the Children lacks standing; children do not have full party status and non‑appellant parents cannot appeal the order.
Key quotations
“we find no basis in this record to depart from our prior case law holding that children in a custody matter do not have "full party status"”
Factual background
The Family Court order granted joint custody of the children to the parties and designated zones of influence for decision‑making.
Procedural history
The Family Court entered an order on March 19, 2024, granting the parties joint custody of the children with zones of influence. The Attorney for the Children appealed the order.