Matter of David J. Abdoch v. Fonda D. Abdoch

Summary

The New York Court of Appeals held that an attorney for the child may appeal a Family Court custody determination on behalf of an aggrieved child, even when neither parent appeals. The Court reversed the Appellate Division's dismissal and remitted the matter for consideration of the factual and legal issues not previously decided.

Holdings

1. Under the plain language of the Family Court Act, an attorney for the child is authorized to appeal a custody determination on behalf of the child, even when neither parent-party has appealed and the child is not a full party to the custody proceeding.
2. An attorney for the child may appeal on behalf of an aggrieved child, and the children were aggrieved because the custody order was modified contrary to the position advocated by their attorney.

Questions Presented

1. Whether an attorney for the child appointed in a Family Court Act article 6 custody proceeding may appeal a custody determination on behalf of the child when neither parent has filed an appeal.
2. Whether the children satisfied the CPLR requirement that an appealing party be aggrieved.

Disposition

reversed_and_remanded