Legal Definitions - child's attorney

A child's attorney is a lawyer appointed by a court to represent the legal interests of a minor child in a specific legal proceeding. Unlike an attorney representing a parent or guardian, the child's attorney's primary duty is to advocate for the child's wishes and legal rights, independent of the parents' or guardians' desires. This role ensures that the child's voice is heard and their specific interests are protected in court.

Here are some examples of when a child's attorney might be appointed:

• Custody and Visitation Disputes: Imagine a situation where parents, Sarah and Mark, are going through a contentious divorce. Their 12-year-old daughter, Emily, has expressed a strong preference to live primarily with Sarah, but Mark is pushing for equal shared custody. The court might appoint a child's attorney for Emily. This attorney would meet with Emily, understand her wishes and reasons, and then present her preferences and advocate for her best interests in court, ensuring her perspective is directly represented to the judge, rather than filtered through her parents' lawyers.

• Child Protection Cases: Consider a scenario where a child, Leo, has been removed from his home by child protective services due to allegations of neglect. Leo is 8 years old and has specific concerns about returning to his parents but also doesn't want to be separated from his younger sibling. A child's attorney would be appointed to represent Leo. This attorney would speak with Leo, explain the court process in an age-appropriate way, and advocate for his safety, placement preferences, and the maintenance of his sibling relationship during the court proceedings, ensuring his voice is central to decisions about his future.

• Settlement of a Personal Injury Claim: Suppose a 10-year-old boy, David, was injured in a car accident and is entitled to a significant financial settlement. Because David is a minor, he cannot legally enter into a settlement agreement himself. A court might appoint a child's attorney to review the proposed settlement terms, ensure that the amount is fair and adequate to cover David's current and future needs (like medical care or educational expenses), and verify that the funds will be managed appropriately, often in a trust, until David reaches adulthood. The attorney's role is to safeguard David's financial interests throughout this legal process.