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Fourth Department – Attorney for the child: Lockhart v. Monica

Daily Record Staff//June 25, 2026//

Fourth Department – Attorney for the child: Lockhart v. Monica

Daily Record Staff//June 25, 2026//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Attorney for the child — Family offense petition — Standing

Lockhart v. Monica

CAF 24-01514

Appealed from Family Court, Onondaga County

Background: At issue on appeal is whether an attorney for the child may file a family offense petition on behalf of a child against a nonparent. The underlying facts include a grandmother who made repeated phone calls to the police regarding the child following a temporary order of custody that was issued. The AOC filed a family offense petition citing harassment and the grandmother moved to dismiss. She appealed from the denial of her motion.

Ruling: The Appellate Division affirmed. The court held the AOC has authority and does not lack standing to do so.

Thomas L. Pelych for the respondent-appellant; Beth A. Lockhart, attorney for the child.

Oral argument video

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