Child Attorney in Maryland

What is a Children’s Attorney?

A children’s attorney, also known as the best interest attorney, is a legal professional who is appointed by the Court in certain cases involving minors. These attorneys have extensive knowledge, training, and experience in the unique legal issues that affect minor children.

Their primary role is to act as advocates for the best interests of the child they represent. They work diligently to ensure that their young client’s rights are protected, and their voices are considered throughout any legal proceedings.

These dedicated professionals often collaborate with other professionals, such as therapists, social workers, educators, and medical experts, to gather information necessary for building strong cases on behalf of their young clients.

What are the Types of Children’s Attorney in Maryland?

In Maryland, three different types of Children’s Attorneys are appointed for specific reasons: a Best Interest Attorney, a Child’s Advocate Attorney, and a Child’s Privilege Attorney.

Best Interest Attorneys

Best Interest Attorneys are legal professionals appointed by the court to advocate for the best interests of a child during family law cases, such as divorce, custody disputes, or child welfare matters. Their primary duty is to independently assess the situation and make recommendations to the Court regarding what actions or arrangements would be most beneficial for the child's well-being, ensuring that the child's voice is heard in legal proceedings; however, this does not mean that the Best Interest Attorney’s recommendation to the Court necessarily aligns with the child’s wishes. These representatives may share confidential information with the Court in certain instances.

Child's Advocate Attorneys

Child's Advocate Attorneys in Maryland are typically appointed in cases where an older child's interests may conflict with those of their parents or guardians. These attorneys act as legal representatives for the child, advocating for their rights, wishes, and best interests. Child's advocate attorneys ensure that the child's perspective is considered in decisions related to custody, visitation, or other matters, helping safeguard the child's well-being throughout the legal process.

Child's Privilege Attorneys

Child's Privilege Attorneys, sometimes known as Nagle v. Hooks attorney, are appointed in cases where the child’s mental health professional possesses confidential or privileged information. Their role is to protect the child's privilege by ensuring that any confidential information shared by the child is not disclosed inappropriately during legal proceedings unless the privilege attorney determines that the child’s confidentiality with their mental health professional is outweighed by the Court’s need to consider confidential information. These attorneys help strike a balance between the child's need for confidentiality and the Court's need for relevant information to make informed decisions regarding the child's welfare.

Schedule Your Free 15-Minute Phone Consultation

Are you facing a challenging family law situation that requires guidance and support? Jessica Zadjura, an accomplished family law attorney with a wealth of experience can help. With her exceptional legal knowledge and compassionate approach, she is committed to helping individuals navigate the complexities of their unique cases.

By scheduling a free 15-minute phone consultation with Jessica Zadjura, you can take the first step towards resolving your legal concerns in a confidential and supportive environment. Whether you are grappling with divorce proceedings, child custody disputes, or any other family-related matter, Jessica will attentively listen to your specific needs and provide tailored advice to protect your rights and interests. Do not let uncertainty overshadow your future; reach out to schedule your free 15-minute phone consultation today!

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When Might You Need to Have an Attorney Appointed for Your Child?

According to Maryland Rule 9-205.1, the court determines whether to appoint a child's counsel when considering the nature of potential evidence. This includes information put forth by social service investigations and evaluations by mental health professionals. Appointment may be most appropriate in cases involving the following factors, allegations, or concerns:

Request of one or both parties;
High level of conflict;
Inappropriate adult influence or manipulation;
Past or current child abuse or neglect;
Past or current mental health problems of the child or party;
Special physical, educational, or mental health needs of the child that require investigation or advocacy;
Actual or threatened family violence;
Alcohol or other substance abuse;
Consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent;
Relocation that substantially reduces the child's time with a parent, sibling, or both; or
Any other factor that the court considers relevant.

The Court Appointed a Child Attorney to My Case. What Should I Do?

If a child attorney is appointed by the court in your case, it is important to understand their role and how to navigate the situation effectively:

Understand Their Role: Recognize that the child attorney's duty is to advocate for what they believe is in the child's best interests, which may or may not align with the preferences of either parent or the child.
Cooperate and Communicate: Be open and cooperative with the child attorney. They may need to interview you, your child, and other relevant parties to gather information about the case.
Respect Their Independence: Understand that the child attorney operates independently from the parents and is guided solely by the child's best interests, as determined by their assessment of the case.
Provide Information: Be prepared to provide information that may be relevant to the child's well-being, including any concerns or issues related to the child's welfare.
Consult Your Own Attorney: If you have concerns about the process or the child attorney's role, consult your own attorney. They can provide guidance on how to protect your rights and interests while ensuring the child's best interests are also considered.
Attend Court Proceedings: Participate in court proceedings as required and cooperate with the child attorney during any mediation or negotiations.

Remember that the appointment of a child attorney is a measure to ensure that the child's welfare and interests are protected during legal proceedings. It is essential to approach this situation with a focus on the child's well-being and to work cooperatively with the child attorney to facilitate a fair and just resolution of the case. If you have concerns or questions about the process, consult with your own attorney for guidance.

Free Family Law Consultation

Are you facing a challenging family law situation that requires guidance and support? Jessica Zadjura, an accomplished family law attorney with a wealth of experience, can help. With her exceptional legal knowledge and compassionate approach, she is committed to helping individuals navigate the complexities of their unique cases.

Contact Jessica