Also known as:attorneys for the child · attorney for a child · child's attorney · attorney ad litem for child
Written by attorneys · grounded in primary & secondary sources — see below
A court-appointed advocate who represents the independent interests of a minor or dependent child in disputes over the child's support, custody, and visitation. The court must also enter an order allocating the attorney's costs, fees, and disbursements against either or both parents, or against a designated public agency if the responsible parent is indigent.
Sources & Authorities
How it applies
Common Examples
2
Custody Dispute Over Therapy Costs
Maria and Luis dispute custody and support for their five-year-old daughter Elena after separating. Elena needs ongoing therapy following parental arguments, and the parents' modest incomes raise questions about who will cover those expenses. The court appoints an attorney for Elena to advocate solely for her emotional and financial needs in the custody and support determinations. The judge then orders that the attorney's fees be paid by one or both parents according to their means, shifting any shortfall to a public agency if either parent qualifies as indigent.
Foster Care Return Hearing
A foster parent petitions to retain custody of a child placed in her home after the biological parent seeks return. The family court schedules a hearing to decide whether the child should return home, remain in foster care, or be placed for adoption. The court directs that the attorney for the child receive formal notice and an opportunity to participate in the proceeding alongside the parent, agency, and foster parent. The attorney presents arguments focused exclusively on the child's welfare and stability.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Dictionaries
Smith v. Organization of Foster Families For Equality and Reform (OFFER)431 U.S. 816, 862-863
Common questions
Frequently Asked
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When may a court appoint an attorney for the child in a custody or support proceeding?+
The court may appoint an attorney whenever it is resolving disputes over a minor child's support, custody, or visitation. Appointment is discretionary and turns on whether the child's independent interests require separate advocacy, such as when parental conflict or complex needs risk obscuring the child's welfare.
Supporting sources
Who pays the fees of an appointed attorney for the child?+
The court must enter an order directing payment of the attorney's costs, fees, and disbursements against either or both parents. If the responsible parent is indigent, the appropriate public agency bears the expense instead.
Supporting sources
Does appointment of an attorney for the child require parental consent or a request from the child?+
No. The court possesses independent authority to appoint counsel and need not obtain agreement from either parent. Appointment also does not depend on a personal request from the child, who may be too young to initiate the request.
Supporting sources
How does an attorney for the child differ from a guardian ad litem?+
An attorney for the child functions as legal counsel who owes duties of advocacy and confidentiality to the child. A guardian ad litem investigates and reports recommendations to the court but does not provide legal representation or argue positions on the child's behalf in the same adversarial manner.
Supporting sources
431 U.S. 816, 862-863Family Law
…upon the parent or other person having custody of the child, the authorized agency, the foster parent, the law guardian, the attorney for the child and such other persons as the court determines should receive notice. . . . . . . . "7. At the conclusion of the hearing, the court may make any one of the following orders: "(a) enter an…
Family LawChild custody · Procedural issuesUBEFoundational