In Maryland, there are different types of attorneys appointed by the court to represent the child’s best interest. The case of Taylor v. Taylor provides guidelines for the court to follow in determining a child’s best interest in custody matters. In high conflict custody cases, courts in Maryland often appoint attorneys to represent a child’s best interest. There are three roles that the court appointed attorney can undertake to represent the child. The three specific roles are as follows:
- 1. Child’s Best Interest Attorney: A best interest attorney is a lawyer appointed by the court to provide independent legal counsel for a child. A child’s best interest attorney makes an independent assessment of what is in the child’s best interest and advocates for the child even if it requires the disclosure of confidential information. A best interest attorney must go through extensive training prior to being eligible for appointment on behalf of the child.
2. Child Advocate Attorney: A Child’s Advocate attorney is an attorney appointed to provide independent legal counsel for to provide independent legal counsel for the children. A child’s advocate must protect the child’s confidentiality and provide competent representation. The child’s advocate is bound by the rules of professional responsibility with respect to confidentiality issues regardless of whether the child has attained the age of considered judgment.
3. Child’s Privilege Attorney: A child’s privilege attorney is a lawyer appointed by a court in a case involving child custody or access and the child has a therapist in which an attorney has to determine if the child’s privileged communications with the therapist should be waived. The most notable case in dealing with these issues is Nagle v. Hooks, 296 Md. 123 (1983).
Regardless of the role that a court appointed attorney is appointed to undertake he/she must exercise a significant degree of professionalism to ensure that the child’s best interests are conveyed to the court. Specific guidelines for Court Appointed Lawyers are outlined in Maryland Rule 9.205.1.
An attorney appointed as a Child’s Best Interest Attorney, Child’s Advocate Attorney, or Child’s Privilege Attorney must either complete a minimum of six (6) hours of training or receive a waiver from the court. The training should focus on the guidelines and standards relating to representing a child in custody matters. In addition, the attorney must have familiarity with family dynamics as they deal with domestic violence and substance abuse. The attorney must also be familiar with resources available to assist in their role on behalf of the child.
If you are involved in a high conflict custody matter, Lynndolyn Mitchell of Law Offices of Lynndolyn Mitchell is exceptionally qualified to provide you with legal representation that is Proven through extensive experience in representing individuals in the DMV who find a need for a family law attorney with proven experience.
