The Coveted Role of the Attorney for the Child

The children of separated parents are the ones who suffer the most during contested custody proceedings. Some parents are simply unable to put the needs of their children first and focus on “winning” at all costs.

Understanding that some parents may engage in behavior and tactics that will irreparably injure the children, our Family Court has in place a mechanism to stop parents from involving the children in custody litigation. Upon oral motion to the Court, or the Court’s own motion, an attorney can be appointed to represent the children of the separated parents pursuant to Family Code Section 3150.

Attorneys for children are most frequently appointed in high-conflict cases. These cases involve protracted and/or exceptionally acrimonious disputes often characterized by multiple motions to modify custody and/or visitation. Generally, there are allegations or other reasons to be concerned about serious parenting deficiencies of either or both parents. Typically, these cases involve allegations of physical or emotional abuse or neglect, sexual molestation, substance abuse, domestic violence, parental alienation, and threats of kidnapping.

To qualify for appointment, an attorney must demonstrate that he or she has certain experience with custody and visitation matters in addition to continuing education requirements. By law, an attorney appointed to represent children in a custody matter must declare that he or she (1) is in good standing with the California State Bar, (2) is covered by existing malpractice insurance, and (3) represented either a parent or child in six contested custody/visitation proceedings.

Assuming the requirements to represent children are met, an appointed attorney can seek affirmative relief on behalf of the children, must be allowed reasonable access to the children to consult with them about their needs/concerns, can present evidence on behalf of the children, assert evidentiary privileges on behalf of the children, and can also obtain medical and school records for the children. The main benefit for children having their own attorney is that the children finally have a “voice” in the custody litigation. Often an attorney appointed to represent children acts as a conduit to the Judge, conveying sensitive and important information that might otherwise get lost or misrepresented in the custody battle.

The true value, however, in the appointment of an attorney for the children is simply the fact that the parents will have a watchful eye over their conduct. It has been my experience that when an attorney for the child is involved in a custody matter, the parents are on their best behavior. It is implicit that if a parent engages in lackluster behavior with his or her child, the attorney will act swiftly and vigorously to see that the conduct ceases, which is always in the children’s best interest.