Can I Get a Court-Appointed Attorney for a Visitation Case in New York Family Court?

Attorney Answer

Yes. In New York, people involved in a custody or visitation case in Family Court generally have the right to a free, court-appointed lawyer if they cannot afford one, and you do not need to be formally charged with a crime for this right to apply.

Under New York Family Court Act § 262, the right to assigned counsel is not limited to criminal-type cases. It also covers custody and visitation proceedings, which is the kind of case you are describing since your son's father petitioned for visitation. Because you are the respondent and you have told us you do not work and cannot afford legal aid or a private attorney, you are exactly the kind of person this right is meant to protect.

Here is what to do on your court date:

1. Arrive early and tell the court clerk you want to request a court-appointed attorney, or tell the judge directly when your case is called. 2. Be ready to fill out a financial affidavit, sometimes called an application for assignment of counsel. This form asks about your income, expenses, and assets so the judge can determine if you qualify. 3. If the judge finds you financially eligible, the court will assign an attorney from the 18-B panel, a roster of private attorneys who take assigned cases, or in some counties, a legal aid or family defense office that handles assigned cases. 4. Ask for an adjournment if needed. Courts often give a short adjournment so your newly assigned attorney has time to review the petition before the next hearing.

If you have any pay stubs, benefits letters, or proof that you are unemployed, bring them. This helps the judge process your request quickly. You do not need to hire anyone yourself first or prove that you tried and failed. Simply telling the judge you cannot afford an attorney is enough to start the process.

Keep in mind that having a lawyer in a visitation case matters a great deal. Custody and visitation orders can affect your parenting time for years, so having someone advocate for you and explain your options is worth pursuing even if the process feels intimidating.

This is general legal information and not legal advice. A local New York family law attorney, or the assigned counsel you request in court, can review your specific case and advise you on your options.