Yes. Maryland divorce and family law courts have the authority and power to appoint attorneys for children involved in divorce cases if the circumstances warrant such an appointment. It should be said that appointing an attorney for the child (or children) is not common, and such an appointment is not likely in a standard divorce case. A Maryland divorce court has the inherent power to appoint an attorney for the child/children, and either parent can request such an appointment.

In general, a divorce court just does NOT appoint an attorney unless there is some benefit to the court from such action. There are several reasons why this would be done. First, in cases of severe conflict between the parents concerning custody, sometimes appointing an attorney can provide the court with more information about what the child/children need. The legal standard for making decisions about custody is “the best interests of the child.” Thus, an attorney focusing on representing the best interests of the child/children can be helpful.

Another circumstance where appointing an attorney for the child/children can help is where there are medical records involved. Sometimes, children have been seeing a therapist or medical provider. Generally, those medical records are sealed and not available to the court. If the parents refuse to waive the doctor-patient privilege, an attorney representing the child/children can have access to those medical records. A report or filing from that child’s attorney can then guide the court without the court having to actually read/access the records. Cases where abuse is alleged are one example where medical records might matter significantly. Often, victims of abuse are reluctant to provide details of their abuse in a courtroom or similar setting but DO provide those details in a safe, medical environment. Thus, the medical records can assist the court in determining the truth of any allegation of abuse by one parent or the other.

Other circumstances where an attorney is appointed typically involve older children (13-14 years or older) where the child/children might have their own independent desires with respect to custody. In such cases, an attorney appointed for the child/children will represent their interests in the same manner as an attorney representing the parents. That is, the attorney will owe his or her professional loyalty to the child/children.

Generally, having an attorney appointed for one or more of the children is not necessarily “bad.” A new perspective on the case is often positive. But, on the other hand, having an attorney appointed is not necessarily “good” either. In terms of payment, the parents will be responsible for any fees and expenses charged by the child’s attorney. Further, inevitably, appointments will add to the length of the divorce case.

Contact Waldorf, Maryland Family Law and Divorce 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, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.