Also known as: childs attorney · child's attorneys · attorney for the child · child's lawyer
Written by attorneys — see sources below.
An attorney appointed by a court to represent the interests of a minor or dependent child in matters of support, custody, and visitation. The court must enter an order directing payment of the attorney's costs, fees, and disbursements against either or both parents, or against an appropriate public agency if the responsible parent is indigent.
Charlotte Chung and Cameron Cruz separated and now litigate custody and support for their five-year-old daughter. The court finds that the child's emotional needs arising from parental conflict require independent advocacy. It appoints a child's attorney to investigate and present the daughter's interests and orders both parents to pay the attorney's fees in proportion to their incomes.
After a foster placement review, the agency seeks to move a child from the current home. The court appoints a child's attorney to represent the child's position at the hearing. The attorney consults with the child and presents evidence on stability and support needs, with fees ordered against the responsible agency because the parents are indigent.
In 1976 appellees consisting of individual foster parents and the Organization of Foster Families for Equality and Reform filed a civil rights class action under 42 U.S.C. § 1983 in the United States District Court for the Southern District of New York. They acted on behalf of themselves and foster children who had resided in their homes for a year or more. They named as defendants various New York State and New York City child welfare officials. The suit sought declaratory and injunctive relief against the pre-removal procedures provided in state statutes and regulations. The District Court appointed independent counsel to represent the foster children to forestall conflicts. It also granted leave to natural mothers to intervene as defendants. The court certified a class of foster parents and children who had lived together for more than one year. A divided three-judge District Court held the existing pre-removal procedures constitutionally defective. It permanently enjoined their enforcement. Four appeals reached the Supreme Court from the New York City officials, New York State officials, independent counsel for the children, and intervening natural mothers. Under New York's foster care system most placements occur through voluntary written agreements. Natural parents and authorized agencies execute these agreements to transfer care and custody of the child to the agency. The agency then places the child in a licensed foster home under a contract allowing either party to terminate at will. Natural parents retain legal guardianship and an obligation to visit and plan for the child's future. Children may also enter foster care by court order following findings of abuse, neglect, or delinquency. When an agency decides to remove a child, state regulations require ten days' written notice to foster parents except in emergencies. Opportunities exist for conference and fair hearing. Additional procedures apply in New York City. Judicial review is available under § 392 after eighteen months. The record showed that the median duration of foster care in New York exceeded four years. Many children experienced multiple placements and limited contact with natural parents.
View caseA court may appoint an attorney to represent a minor child's interests whenever support, custody, or visitation issues are before it. Appointment is discretionary and turns on whether the child's welfare requires an independent advocate separate from either parent.
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The court must order payment of the attorney's costs and fees against either or both parents. If the responsible parent is indigent, the appropriate public agency bears the expense instead.
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The child's attorney represents the child exclusively and does not represent either parent. The attorney's duty is to advocate for arrangements that serve the child's welfare, even when that position diverges from a parent's litigation strategy.
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No. The court possesses independent authority to appoint counsel for the child and need not obtain parental consent. Conditioning appointment on agreement would undermine the statute's protective purpose.
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…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…