Legal Representation of Children in Family Law

Parents typically each have legal representation in family law cases. Each parent engages a family law attorney to represent them and advocate for their rights and best interests. In some cases where custody and support are at stake, the parent’s best interests may not always align with the children’s best interests. Children may need a legal representative to advocate for their best interests.

This article addresses common questions about children’s legal representation in family law. The best way to get answers to your questions is to contact a local and experienced family law attorney.

Do Children Need a Lawyer in a Family Law Case? 

The family court may consider a representative for the children. This can help the court make decisions for the child’s best interests. Independent representation ensures that someone is advocating for the child’s rights during court hearings. In cases where children are in foster care or the custody of a child welfare agency, the child will need independent legal representation.

Additionally, in child welfare cases or for termination of parental rights, a child will need their own representative. When an incarcerated parent is seeking reunification with their child, the court will likely order an attorney for the child.

When Do Children Get a Lawyer in a Family Law Case?

Children may get a lawyer in a family law case when the court deems legal representation of children necessary. This determination typically occurs:

• In combative custody disputes
• Where there’s a significant conflict of interest between the child’s wishes and the parent’s or parents’ wishes
• Child welfare proceedings
• In cases involving child abuse or neglect
• In cases of domestic violence
• Dependency proceedings

Some jurisdictions have specific age considerations for appointing a lawyer for a child. 

Who Pays for a Child’s Lawyer in a Family Law Case? 

The person or entity responsible for paying the child’s lawyer varies. The payment arrangement often depends on the local laws and the family’s financial situation. Sometimes, the court may order the parents to share the cost. If the parents cannot afford a lawyer, the family court may appoint:

• A government-funded attorney
• A guardian ad litem
• A volunteer lawyer to represent the children

High caseloads for government-funded attorneys mean the child’s attorney must be a volunteer.

What Is the Role of a Child’s Lawyer in Family Law?

The primary role of a child’s lawyer is to represent the child’s interests independently from their parents. This includes:

• Advocating for the child’s preferences
• Ensuring the court hears the child’s voice in court proceedings
• Protecting the child’s legal rights

In some cases, the court will invite the child’s lawyer to give the court an independent view of what is in the child’s best interests. The court may also ask social workers to testify during legal proceedings.

What Are the Benefits of Having a Child’s Lawyer in a Family Law Case? 

In a family law case, having independent legal counsel for the child or children can have several benefits. It makes the child’s interests a priority in the proceedings. The lawyer can also give the court a neutral perspective in contentious cases. A representative can help lessen the emotional impact on the child and work towards a resolution that best serves the child’s well-being. 

What Are the Qualifications of a Child’s Lawyer? 

A child’s lawyer in a family law case is usually an experienced family law attorney with specialized training in representing minors. Depending on the situation, they may volunteer, be paid by the court, or have their parents cover the costs. 

These representatives understand child development and family dynamics. They are familiar with legal issues specific to representing children in family court. Many jurisdictions require lawyers representing children to undergo additional training or certification. 

How Can I Find a Lawyer for My Child in a Family Law Case?

To find a lawyer for your child in a family law case, you can start by seeking referrals from local bar associations or legal services organizations. Online lawyer directories and reviews are also helpful. It would be best if you chose an attorney with experience in representing children. 

The costs of hiring a child’s lawyer in a family law case can vary widely based on the same factors as other attorneys. These factors include the lawyer’s experience, the complexity of the case, and your location. Some lawyers charge hourly rates, while others offer flat fees for their services. When parents cannot afford a lawyer, the court may appoint one at a reduced rate or no cost. 

Representation of the child in family law cases is one way to ensure that someone is fighting for the best interests of the child. A child’s lawyer can provide clarity, fairness, and a focus on the child’s welfare in complicated cases involving complicated family dynamics. For more concrete legal advice, consult a local, experienced family law attorney.