how does a child privilege attorney decide to waive

by Edythe Parisian 9 min read

The child privilege attorney decides whether it is in the child’s best interest to release protected information in the court case. A child’s parents cannot force the child to give up (or “waive”) this privilege. The privilege often relates to information from a child’s psychiatrist, psychologist, therapist, or social worker.

Full Answer

At what age can a child refuse visitation in Maryland?

Generally, the court is willing to hear what children want when deciding custody or visitation rights if the child is at least 10-12 years old. However, the children's opinions are not determining factors when establishing visitation or custody.

What does a best interest attorney do in Maryland?

The Maryland Best Interest Attorney conducts an investigation and gathers relevant information regarding a high-conflict child custody matter. The Best Interest Attorney then provides information regarding what he or she feels in his or her professional opinion is in the child's best interest.

How do I terminate parental rights in Maryland?

Any individual can file a petition in the court for guardianship or adoption before the child attains 18 years of age. A parent's rights can also be terminated by the local Department of Social Services by filing a court petition.

What is a BIA custody?

Your family law judge presiding over your divorce or custody matter may determine that your case requires the appointment of a Best Interest Attorney. In these cases, the BIA is not working for the benefit of a parent, but is appointed to represent the best interests of the child.

What is guardian ad litem?

When a petition is filed to establish a guardianship, the court appoints a guardian ad Litem (GAL). The GAL represents the client's best interests (not the client him or herself) in the guardianship proceeding. The GAL also acts as a neutral investigator for the court.

How long does a parent have to be absent to be considered abandonment in Maryland?

within 2 months(2) no one has claimed to be the child's natural parent within 2 months of the alleged abandonment of the child.

At what age can a child choose which parent to live with?

The child gets to express a preference if the court finds this is in the child's best interest. The court considers the preference if the child is old enough to form an intelligent opinion. There's a presumption a child 12 or above is old enough. The court considers the reasonable preference of a child 12 or older.

What is considered child abandonment in MD?

(b) A parent shall be deemed to have abandoned a minor child under subsection (a)(1) of this section if the conduct of the parent demonstrates a settled purpose willfully and intentionally to relinquish all parental rights and duties with respect to the child and to renounce and forsake the child entirely.

Can the BIA terminate proceedings?

We hold today that the IJs and BIA possess the inherent authority to terminate removal proceedings, abrogating Matter of S-O-G- & F-D-B-.

Where can I find BIA decisions?

The Board of Immigration Appeals (BIA) The BIA is located within the EOIR. BIA decisions may be appealed to the Federal courts. **BIA decisions since 2000 are available on the EOIR website (see below).

Can the BIA grant asylum?

The asylum regulations provide that “[u]nless otherwise prohibited in § 1208.13(c), an immigration judge may grant or deny asylum in the exercise of discretion to an applicant who qualifies as a refugee under section 101(a)(42) of the Act.” 8 C.F.R. § 1208.14(a) (2021) (emphasis added).

How long does it take for immigration judge to make a decision?

On average, cases completed during the first nine months of FY 2021 took 891 days (or 2.4 years) from the date of their Notice to Appear (NTA) to a decision, twice as long compared with 451 days (a little more than 1.2 years) on average during FY 2020.