Role of the Child's Attorney

When parents are embroiled in custody disputes, the voice of the child often goes unheard.  Children need a trained legal professional to advocate for their unique needs and interests.  Children’s attorneys have been appointed in the following situations:

• When the case escalates into a high-conflict dispute between the parents
• When parents have come to an impasse about arrangements for their children, such as where they should live or how much time they should spend with each parent
• When risk factors are present in the case, such as parental substance abuse, domestic violence, mental illness or child abuse allegations

Children’s attorneys are appointed directly by the court to represent children. Once appointed, attorneys will:

• Meet with their child clients to learn their thoughts and concerns
• Communicate with child clients in an age-appropriate manner to ensure clients understand what is happening in their cases
• Conduct independent investigations by interviewing the parents and other individuals in the child’s lives, such as teachers, counselors, doctors, and extended family members
• Work with the court and other services to create more child-centered solutions for their clients
• Participate in all legal proceedings that involve their child clients’ interests and advocate the client’s positions, just as attorneys do for adult clients
• Encourage parents to mediate and settle the matter without resorting to an extended trial that can be detrimental to their children