How Does Representation Get Chosen in a Child Custody Case?
- Representation in a child custody case can be chosen in many ways. It is always best to be sure the attorney you choose or the attorney chosen for your child has the child's best interest in mind, and not treat the representation of your child as "just part of the job." There are certain attorneys who take child representation cases, while other family law attorneys will not touch such a case. Normally, a child does not have his own attorney in a custody battle; the parents have the attorneys. There are some cases, though, where the children will have an attorney.
- If you are hiring a private attorney for yourself in a child custody case, that attorney should keep in mind the best interests of the child in addition to your best interests. Always interview at least four attorneys before picking one, even if it means paying a consult fee to each attorney (some attorneys give free consultations). The little bit of extra money you spend on a consult fee can get you a longer consult time. A longer consult time ensures that you have enough time to ask all of the questions you need to ask to find out if that particular attorney is competent in your eyes.
- There are also groups of attorneys who will represent you in your family law case for a discounted rate. These are private attorneys, but have decided to band together to help those that cannot afford an attorney. They usually base their fees on the amount of income brought into the household. These attorneys are used to dealing with child custody cases, and will, in almost all circumstances, represent you in a child custody case. They are usually listed in the phone book, or you can find them through the court system. The clerk should be able to refer you to such an organization in your town.
- Should your child need a separate attorney because the child has been removed from both parents, the state will appoint an attorney for the child. These attorneys work almost exclusively with children in the foster care programs of the counties and states. The attorney shows up at any hearings and speaks in the best interest of the child. She will advise the state if the parents have completed any required classes and how the parents behave in supervised visitation situations with the minor child. This attorney helps the court to decide whether the child will be better off placed with the family or with a foster family. The decisions are made based on the actions of the biological parents.
- In closing, representation is mostly chosen by the parent, and the attorney represents the parent, except in certain situations. Choose your attorney wisely. If the children are old enough (depending on state and county rules), he may be allowed to testify in court as to who he wants to live with. Some judges will also hold an "in camera" hearing with the child. In one of these hearings, the judge speaks to the child in his chambers. It is usually just the judge and the child.
While choosing an attorney is important in child custody matters, even more importance is placed on the behavior of the parent and the interaction of the parent with the minor children.
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