If your Maryland divorce involves minor children, the Maryland divorce court will evaluate and decide the custody arrangements for the child or children involved. That decision might range from sole physical custody awarded to one parent or some sort of shared custody and/or visitation rights. The legal standard for making such custody decisions is the “best interests” of the child/children. That is, the court asks the question: What custody is in the best interest of this child or these children?

Sometimes, the facts are particularly involved, the case is particularly contentious or there are particularly difficult issues with respect to the child/children that the court feels the need for more focused information. In such cases, one option for the court is to appoint a neutral attorney — not known or related to either parent — to be a legal guardian for the child/children, focusing on the question of what is in the best interest. In Maryland, such a lawyer is called a “Best Interest Attorney” or “BIA.”

The appointment of a BIA can be unexpected for divorcing parents and cause great confusion. If you do not already have experienced legal counsel and the appointment of a BIA might happen, it is probably best to immediately consult with proven Maryland Divorce and Family Law attorneys. Call us here at the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are Maryland Child Custody Attorneys with offices in Waldorf, Maryland. 

The problem is that the Maryland divorce courts do not typically appoint a BIA if there are serious issues such as some evidence/accusation of abuse or neglect, some serious issue or viewpoint has been raised by the child/children, there is extreme antagonism between the parents, there are deep psychological, mental or emotional problems, etc. Further, as a practical matter, it will feel like someone is trying to interfere with how the parents are raising their children. Such will only increase the level of stress involved for everyone. Thus, it is important to have legal counsel who can explain what is going on and intercede where needed.

In that respect, it is important to understand what a BIA is and what he or she is supposed to do. The BIA is not obligated to take instructions or “obey” the child/children in question. Rather, the BIA is a court officer tasked with gathering information and making a recommendation to the court. The BIA is generally allowed to use his or her judgment on what information is needed and who the BIA should talk with. Obviously, a BIA will start with the child or children in question, along with the family members. Generally, there are one or more in-home visits, and often, a BIA will speak with school officials, the children’s friends, medical and mental health professionals, and more. Again, the purpose is to independently gather as much information as is needed to assist the court in making its decision about custody. Eventually, the BIA will prepare a written report with recommendations. This will be provided to the judge and to the parents (and their attorneys). In this manner, the BIA’s report/recommendations become a crucial document in the case and one that Maryland divorce courts tend to follow.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.