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New York

Can I get a free lawyer for a custody case in New York?

Quick answer

Family Court Act § 262 gives certain people in Family Court the right to the assistance of counsel, including a parent seeking custody or contesting the substantial infringement of their right to custody. When such a person first appears, the court must advise them of the right to have counsel assigned if they cannot afford a lawyer.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

A lawyer for the child

Separately, the judge may appoint a lawyer for the child. The court system describes this lawyer as someone who talks to the child privately and tells the judge what the child wishes, unless the child is very young.

Support cases

In child support cases, the court system states that both sides may hire their own lawyers, and that if a party cannot afford one, the court may assign one at no cost.

Tools and resources

Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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