Divorce Library--16 Appointment of Lawyer for Child in Custody Case

Appointment of Lawyer for Child in Custody Case

In a typical child custody case, the child does not have a lawyer. Mom and dad typically do, but not the child. However, if it is believed that the child is being abused, then either parent may asked the court, or the court on its own, may appoint a lawyer to represent the child.

The court calls the lawyer appointed for the child a guardian ad litem. If appointed by the court, the lawyer shall do the following:

(1) If appropriate to the child’s age and maturity, meet with the child as soon as possible following the appointment and on a regular basis thereafter.

(2) On a timely basis, be given access to relevant court records, reports of examination of the parents or other custodian of the child and medical, psychological and school records.

(3) Participate in all proceedings.

(4) Conduct such further investigation necessary to ascertain relevant facts for presentation to the court.

(5) Interview potential witnesses, including the child’s parents and caretakers, if any. The guardian ad litem may examine and cross-examine witnesses and present witnesses and evidence necessary to protect the best interests of the child.

(6) Make specific recommendations in a written report to the court relating to the best interests of the child, including any services necessary to address the child’s needs and safety. The court shall make the written report part of the record so that it may be reviewed by the parties. The parties may file with the court written comments regarding the contents of the report. The comments filed by the parties shall also become part of the record.

(7) Explain the proceedings to the child to the extent appropriate given the child’s age, mental condition and emotional condition.

(8) Advise the court of the child’s wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child’s wishes. When appropriate because of the age or mental and emotional condition of the child, determine to the fullest extent possible the wishes of the child and communicate this information to the court. A difference between the child’s wishes under this paragraph and the recommendations under paragraph (6) shall not be considered a conflict of interest for the guardian ad litem.

The court may order either or both parents to pay for a portion or all of the costs for the appointed lawyer.

Sound complicated? Only because it is. And that’s why you need a good lawyer to handle your case.

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