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Blog 2018 August When Children Can Have Their Own Attorney
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When Children Can Have Their Own Attorney

Posted By Law Office of Kathryn Marteeny || 31-Aug-2018

Divorce and child custody proceedings can be emotionally overwhelming. If a child’s parents cannot come to an agreement over legal decisions involving their children, a viable option might be appointing a child attorney. Although parents have the right to ask the court to appoint a lawyer to their child to protect his/her best interest, the court may decide to appoint one without the parents’ request, especially if there are signs of domestic or sexual abuse.

There are two types of lawyers available to a child: a child attorney or a guardian ad litem. A child attorney is hired to represent a minor child’s best interests according to his/her wishes and acts for the benefit of the child. By contrast, a guardian ad litem determines the best interests of the child—without hearing the wishes of the child—and reports their findings to the court.

The child’s lawyer or the guardian ad litem will establish the best interest of the child by doing the following:

  • Interview the child – The attorney will meet with the child to discuss the details of the situation, as well as determine the child’s feelings and wishes.
  • Interview the child’s parents – The attorney will meet with each of the child’s parents to determine their wishes and to further understand each side of the case.
  • Interview other influential adults – The attorney may meet with other adults in the child’s life, such as teachers, coaches, counselors, and daycare providers.
  • Review medical records – If abuse or neglect is involved in the case, the attorney will evaluate the medical records to gain a better understanding of the situation.
  • Participate in any custody hearings – The attorney will represent the best interests of the child inside—and outside—the courtroom.

Both parents must help their child’s attorney to the best of their ability by making all scheduled meetings, handing over all medical and school documents, and provide other necessary information. Keep in mind, the child’s parents are financially responsible for a guardian ad litem or a child’s attorney.

If you are in a situation where you believe a child’s attorney would benefit your case, contact our Houston family law attorney at the Law Office of Kathryn Marteeny today.

Categories: Divorce, Child Custody

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Law Office of Kathryn Marteeny
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