In Maryland divorce and child custody cases, the acronym “BIPA” stands for “best-interest privilege attorney.” This is a neutral third-party attorney appointed by a Maryland divorce court to specifically represent the interests of children in a Maryland divorce. This type of appointment is allowed by Maryland divorce laws. However, as discussed below, appointment of a BIPA is rare in divorce/custody cases for many reasons. If you have questions about child custody or other divorce matters, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland.

What does a best-interests privilege attorney do in a Maryland divorce case?

The basic purpose of a BIPA is to represent the legal interests of the children involved in a Maryland child custody case. The legal standard is: what is in the best interests of the child/children? This is the same legal standard that the judge uses to make custody decisions. A BIPA will stand up in court and represent the interests of the child or children. A BIPA will receive copies of all court documents and filings and may conduct an independent investigation. Typically, a BIPA will have at least one face-to-face talk/interview with the children in question and, often, this is done without either parent being present.

Why would a BIPA be appointed?

A BIPA is a court officer. While a BIPA specifically represents the legal interests of the child/children, the BIPA is expected to assist the Maryland divorce court judge in making custody decisions. This may only involve confirming facts, or the BIPA’s assistance might involve expressing an opinion about how custody should be arranged. Divorce court judges make the final decision, but can take into account facts and opinions offered by a BIPA.

BIPAs tend to be appointed only in cases where abuse or neglect is alleged or there is some other extreme factor. See, for example, this case involving allegations of abuse. Other extreme circumstances where BIPAs are often appointed involve cases of alleged parental criminal behavior, addiction, mental instability, etc.

What types of legal issues does a BIPA handle?

Basically, there are three legal issues (or areas) that a BIPA might handle. Every case will not necessarily involve all three issues. As discussed above, one issue involves providing information to the court about what is in the best interests of the child. Another issue involves the child’s legal privilege and confidentiality related to matters like medical records. If such an issue exists in the case, a BIPA would make decisions about waiver of such privilege on behalf of the child/children. The third issue involves a potential to advocate for the child/children in a manner that might be at odds with what either or both parents desire.

Who pays the legal fees for a BIPA?

Generally, the parents will be ordered to pay the legal fees and expenses charged by a BIPA. Such fees and expenses must be approved by the court.

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.