Custody Attorneys and The Many Questions About Them
We know how tough divorces can be, but have you spared a thought to how anxiety-ridden your child probably feels. For most children, a divorce can feel like an immense loss - the loss of their parent, the loss of their family unit, or simply the loss of life as they knew it before.
There are certain situations in which the court may appoint a custody attorney to uphold the best interests of the child.
When Can a Child Have a Lawyer?
Parents are unable to reach an impartial decision regarding the child custody. Such is often the case when parents are too preoccupied bargaining the terms of their divorce to be aware of their child’s best interests.
Sometimes the child (usually older kids) may wish to present their opinion to the court. Hiring a lawyer to represent them in front of the judge is ideal.
In some cases when the interests of the parents clash with that of the child, the court may appoint a custody attorney to protect the child’s rights.
Who Appoints a Lawyer for the Child?
The judge can appoint a child attorney if they deem it essential to reach a beneficent arrangement for the child. The judge can either do this on their own or initiate the process on request from a parent. Note that the district attorney, parents, legal guardians or custodians have no say in deciding who to choose to represent the kid. In other cases, children themselves can ask for a lawyer to mediate the parent’s conflict such that their interests are not compromised.
What Are the Responsibilities of a Child Lawyer?
The court can hire a lawyer to be an Attorney for the Minor Child (AMC) or the child’s Guardian Ad Litem (GAL). Usually, for young kids, the court appoints a GAL whereas for the older children work better with an AMC.
They are tasked with the following responsibilities -
Conduct independent research to understand the child’s situation
Listen to their opinion and advise potential solutions
Explain the outcomes of each option in detail
Avoid breaching confidentiality
Present the child’s views in the court
Give the judge an unbiased analysis of the child’s position
Who Pays for the Child Custody Attorney?
The parents are required to pay for the child’s lawyer. The court will decide the amount to be paid by each parent based on their financial situation. If, however, both parents are unable to bear the cost of the attorney, the court will ask the state of Oklahoma to pay the legal fees. Sometimes the parents may be asked to repay the state’s legal aid in the subsequent months.
Reneau Law Group & Child Custody
We have provided our clients in Oklahoma City with over 20 years of highest quality legal representation at affordable prices. Our team of the city’s most capable attorneys specializes in bankruptcy, probate, and criminal defense along with family law. To book an appointment call us at (405) 732-5432. We also offer free consultations to anyone in need.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.