Matter of Abdoch v. Abdoch

── Matter of Abdoch v. Abdoch ── Court: New York Court of Appeals Date: May 21, 2026 Category: General <div>Matter of Abdoch v Abdoch - 2026 NY Slip Op 03219 <div> skip to main content </div> <div> <p>It appears you are using Adblock. Please disable Adblock to best experience our website.</p> </div> <div> <header> <div> <img src="/reporter/images/nys-logo-white.svg" alt=""> </div> <div> <span title="Law Reporting Bureau Home Page">Law Reporting <br>Bureau <span></span></span> <span>Thomas J.K. Smith, State Reporter</span> <nav> Court Decisions Resources About </nav> </div> <div> <img src="/reporter/images/lrb-seal.png" alt=""> </div> </header> </div> <nav> <ol> <li>Home</li> <li>All Court Decisions</li> <li>Decisions</li> </ol> </nav> <div> <div> <h1>Matter of Abdoch v Abdoch</h1> <p>2026 NY Slip Op 03219</p> <p>May 21, 2026</p> <p>Court of Appeals</p> <p>Singas, J.</p> <p>Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.</p> <p>This decision is uncorrected and subject to revision before publication in the Official Reports.</p> </div> <div> <p>In the Matter of David J. Abdoch, Respondent,</p> <p>v</p> <p>Fonda D. Abdoch, Respondent. Alison Bates, Esq., Attorney for the Children, Appellant.</p> </div> <p>Decided on May 21, 2026</p> <p>No. 38</p> <div> <p>Alison Bates, for appellant. </p> <p>Jane I. Yoon, for respondent Fonda D. Abdoch.</p> </div> <p>Singas, J. </p> <span>[*1]</span> <p>The question of whether an attorney for the child (AFC) has the authority to appeal a custody determination made pursuant to Family Court Act article 6 has divided the Appellate Division. We hold that under the plain language of the Family Court Act, an AFC has the authority to appeal a custody determination when the subject child is aggrieved. We therefore reverse the Appellate Division order dismissing the appeal and remit for further consideration.</p> <p>In proceedings pursuant to article 6 of the Family Court Act, the child may be represented by an attorney appointed at the court's discretion (<i>see </i>Family Ct Act § 249 [a]). The AFC must zealously represent the child's interests, including by advocating for the child's wishes in Family Court (<i>see </i>22 NYCRR 7.2 [d] [1]-[3]). When an AFC has been appointed by Family Court, their appointment continues without further action by that court when either "the attorney <span>[*2]</span>on behalf of the child files a notice of appeal, or . . . a party to the original proceeding files a notice of appeal" (Family Ct Act § 1120 [b]).</p> <p>The Appellate Division Departments have split over whether an AFC can appeal a custody determination on behalf of their client when neither parent-party has appealed. The Second Department has endorsed the AFC's authority to appeal on behalf of their client, emphasizing that the Family Court Act expressly "recognizes that an [AFC] has the right to pursue an appeal on behalf of the child" because it permits the AFC to file a notice of appeal (<i>Matter of Newton v McFarlane</i>, 174 AD3d 67, 72-73 [2d Dept 2019]). The First and Third Departments have adopted the Second Department's reasoning (<i>see Matter of Kylie P. [Carlos P.—Karen G.]</i>, 213 AD3d 463, 463 [1st Dept 2023]; <i>Matter of Amber B. v Scott C.</i>, 207 AD3d 847, 848 n 1 [3d Dept 2022]). The Fourth Department has taken a different approach, dismissing appeals taken solely by an AFC when neither parent-party appeals or otherwise indicates their support for the child's appeal, reasoning that a "child in a custody matter does not have 'full-party status' " and therefore cannot force their parent to " 'litigate a petition that [they] ha[ve] since abandoned' " (<i>Matter of Lawrence v Lawrence</i>, 151 AD3d 1879, 1879 [4th Dept 2017], quoting<i> Matter of McDermott v Bale</i>, 94 AD3d 1542, 1543 [4th Dept 201