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When going through a custody battle, parents often wonder if their child should have their own lawyer to represent their interests. In Maryland, the court has the authority to appoint a lawyer for the child in certain cases. This blog post will provide an in-depth understanding of the role of a child's lawyer in custody cases in Maryland, including when it may be appropriate to appoint one, the different types of custody lawyers, and the factors considered by the court.
Why a Child's Lawyer May be Appointed
In Maryland, a child's lawyer may be appointed by the court when there are concerns about whether the child's best interests are being adequately represented by the parents.
This can occur in cases of high conflict, family violence or abuse, special needs of the child, or when the child's preferences need to be considered.
The court has the authority to appoint a child's lawyer on its own initiative or upon a motion from either party. The decision to appoint a child's lawyer is based on the nature of the potential evidence to be presented, the availability of other methods to obtain information, and the resources for payment. The court also considers various factors to determine if the appointment of a child's lawyer is most appropriate.
Factors Considered by the Court
The court considers several factors when deciding whether to appoint a child's lawyer in a custody case. These factors include:
- Request of one or both parties
- High level of conflict between the parents
- Inappropriate adult influence or manipulation
- Past or current child abuse or neglect
- Past or current mental health problems of the child or party
- Special physical, educational, or mental health needs of the child
- Actual or threatened family violence
- Alcohol or substance abuse
- Consideration of terminating or suspending parenting time or awarding custody to a non-parent
- Relocation that substantially reduces the child's time with a parent or sibling
- Any other factor that the court considers relevant
It's important to note that the court takes into account the best interests of the child when making decisions regarding the appointment of a custody lawyer. The goal is to ensure that the child's needs and interests are adequately represented and protected throughout the custody proceedings.
Three Types of Child's Lawyers
There are three main types of child's lawyers that can be appointed in custody cases in Maryland. These include:
- Best Interest Attorney: Best Interest Attorney is responsible for advocating for what they determine to be in the child's best interests. They gather information by meeting with the child, interviewing relevant individuals, reviewing records, and participating in settlement negotiations. However, they do not submit reports directly to the court or testify as a witness.
- Child Privilege Attorney: A Child Privilege Attorney is appointed when there is a need to protect the child's confidential information, such as therapy or mental health records. They have the authority to decide whether it is in the child's best interest to release the protected information and can assert the child's privilege in court.
- Child Advocate Attorney: A Child Advocate Attorney is typically appointed to represent older children or teenagers. They act as an independent lawyer for the child, advocating for their position and following their instructions. Communication between a Child Advocate Attorney and the child is confidential.
Each type of child's lawyer serves a specific role in representing the child's interests and ensuring their needs are addressed in the custody proceedings.
Should Parents Request a Child's Lawyer?
In certain cases, it can be beneficial for a child to have their own lawyer to navigate the complexities of a custody battle.
A child's lawyer can be a powerful advocate, particularly in cases where the parents' stories differ significantly or when there are concerns of abuse, manipulation, or interference. They can also provide assistance when a child's medical or mental health needs are central to the custody dispute.
However, it's important to note that the appointment of a child's lawyer may come with costs. While the court considers the ability of the parents to pay, the child will not be deprived of representation solely because of financial constraints. In some cases, the court may even appoint a child's lawyer to represent the child pro bono.
Parents may have concerns about the appointment of a child's lawyer, such as the cost involved or the potential uncovering of uncomfortable information. It's crucial to remember that the role of a child's lawyer is to assist the court in determining what is in their best interests. Both parents should prioritize the child's well-being and ensure that their needs are adequately represented.
The Child's Role in Custody Decisions
In Maryland, children aged 16 or older have the legal right to petition the court for a change of custody if they are unhappy with their current custody arrangement.
The court considers the child's wishes and preferences but ultimately decides based on the best interests of the child. The child must prove that the proposed change contributes to their overall emotional and physical well-being.
It's important to note that custody decisions are not solely the child's choice. The court may interview the child to hear their views, but they are not required to do so. The court will weigh the child's wishes along with other factors, such as the fitness of the parents, caregiving abilities, and any health or special needs concerns.
Conclusion
In Maryland, the court has the authority to appoint a child's lawyer in custody cases when there are concerns about the child's best interests being adequately represented. The appointment of a child's lawyer is based on various factors, including the nature of the case and the needs of the child. There are different types of child's lawyers, each with specific roles and responsibilities.
Parents should consider the benefits of a child's lawyer in certain cases, particularly when there is high conflict, abuse, or special needs involved. It's important to prioritize the child's well-being and ensure that their needs are adequately represented throughout the custody proceedings. Ultimately, the court considers the best interests of the child when making custody decisions, taking into account the child's wishes along with other relevant factors.
If you are going through a custody battle in Maryland and are considering the appointment of a child's lawyer, it's crucial to seek the guidance of an experienced family law attorney. They can provide you with the necessary advice and support to navigate the complexities of the legal process and ensure that your child's best interests are protected.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry Baumohl is one of Maryland’s foremost family law practitioners. His areas of focus include but are certainly not limited to the following: experienced family law attorney, dealing with divorce, child custody, and high net worth divorce litigation with over four decades of an amazing track record and quality expertise. Focused on representing clients – for wives, husbands and same-sex couples, alike – typically with high family income, net worth and substantial and/or complicated asset scenarios. Expertly untangling complicated household monetary and family asset situations. Expertise in high conflict and ongoing parenting disputes, prenuptial agreements as a planning tool, mediation and collaborative family law.
Harry is a founder of Baumohl Hamburg LLC, situated in Pikesville, Maryland, Baltimore County, conveniently located right off the Baltimore Beltway. Significant representation and court appearances in surrounding areas, including but not limited to – Baltimore County, Baltimore City, Carroll County, Harford County, Howard County, and Anne Arundel County. To book a consultation with family law experts at Baumohl Hamburg LLC, call (443) 940-2000.
