1.3. CHILD'S PRIVILEGE ATTORNEY “Child's Privilege Attorney” means a lawyer appointed by a court in a case involving child custody or child access to decide whether to assert or waive, on behalf of a minor child, any privilege that the child if an adult would be entitled to assert or waive. This term replaces the term “Nagle v. Hooks Attorney
Feb 25, 2022 · (1) If the defendant indicates a desire to waive the right to an attorney, the judicial officer shall advise the defendant (A) that an attorney can be helpful in explaining the procedure and in advocating that the defendant should be released immediately on recognizance or on bail with minimal conditions, (B) that it may be possible for the attorney to participate electronically …
Oct 30, 2019 · No, the court is not required to appoint an attorney for the child every time it is requested. Maryland law provides courts with the authority to appoint attorneys in child custody or contested child support cases, but does not require that the court do so. Read the law: Md. Code, Family Law § 1-202. Read the case: Garg v.
Aug 17, 2011 · Roger Mandel Greenberg v. State of Maryland, No. 144, September Term 2010. EVIDENCE – PRIVILEGE – ATTORNEY-CLIENT – INVOCATION – PRELIMINARY INQUIRY Upon a showing that an attorney and a client communicated in a professional capacity, the attorney-client privilege is invoked, and, pursuant to Maryland Rule 5-104, a trial judge must
A “ child advocate ” advocates for the child’s wishes. The Maryland Rules provide guidelines for the practice for court-appointed attorneys representing children in child custody, support, and access cases. Note that the court can order an attorney appointed as a best interest attorney or a child advocate attorney can also take on ...
In Maryland, a child who is at least 16 years old has the right to petition for a change in custody if they choose to. The child would petition the court for a change in their own name. Generally speaking, the criteria for demonstrating a substantial change in circumstances and best interests standards still apply.
A “ best interest attorney ” advocates for the child’s best interests. A “ child advocate ” advocates for the child’s wishes.
An interview with the judge in chambers is less expensive than using an appointed attorney. Parents are often required to pay for their child’s attorney’s fees, although it is possible that a child advocate may be appointed without cost to the parties.
Best Interest Attorney. A best interest attorney independently decides what custody arrangement the attorney believes is best for the child. The attorney must tell the court what the child wants, but is not required to ask the court to do what the child wants. A best interest attorney is allowed to share confidential information with the court ...
No , the court is not required to appoint an attorney for the child every time it is requested. Maryland law provides courts with the authority to appoint attorneys in child custody or contested child support cases, but does not require that the court do so.
These standards of practice are intended to promote good practice and consistency in the appointment and performance of lawyers for children in cases involving child access decisions in Maryland courts. These standards apply to divorce, custody, visitation, domestic violence and other civil cases where the court may be called upon to decide child custody or visitation issues.
Courts should make written appointment orders on standardized forms, in plain language understandable to non-lawyers, and send copies to the parties as well as to counsel. Orders should specify the lawyer=s role (Best Interest Attorney, Child Advocate, Child=s Privilege Attorney) and any other duties or responsibilities required by the court.
Attorneys appointed to represent children in custody proceedings as either a Best Interest Attorney, Child Advocate or Child=s Privilege Attorney are required to complete one mandatory course of at least 6 hours. The course shall include the following topics:
Best Interest Attorneys are bound by the Maryland Rules of Professional Responsibility in all matters, except when the attorney is required to discuss otherwise privileged information. Even outside of an attorney-client relationship, all lawyers have certain ethical duties toward the client, the court, opposing counsel, and the community.
Courts should provide lawyers representing children with seating and work space comparable to that of other lawyers, sufficient to facilitate the work of in-court representation, and consistent with the dignity, importance, independence, and impartiality that they ought to have.
Lawyers who have been appointed to represent two or more children should remain alert to the possibility of a conflict that could require the lawyer to decline representation or withdraw from representing all of the children.
The GAL meets with the children as part of the investigation. Children can offer useful information and should be offered the opportunity to provide information about themselves and their family. The conditions under which children are interviewed must be carefully considered, including what conditions will put the child most at ease and yield the most useful information. The GAL shall explain the reasons for not meeting with any of the children in the GAL report.
The GAL should warn you at the beginning of the investigation that anything that you share with the GAL verbally or in writing can be shared with the other people involved in your case. This means that anything you say or any documents you give to the GAL can, and most likely will, be reported to the judge, the opposing party, or that party’s attorney. In addition, some limited information can be disclosed to others involved in the investigation as necessary to enable the GAL to conduct the investigation. The GAL is also required to give this same warning to your child in language your child can understand.
In many cases, GALs identify important facts that aid the judge and the parents in figuring out what custody and visitation plan might work best for the child. With these facts in hand, parents might be better able to reach an agreement about custody and visitation schedules. The GAL also can provide the judge with facts the judge needs so that he or she can separate baseless claims from real concerns about one or both parents. Although GAL appointment does not necessarily mean the case will not go to trial, the GAL can often be extremely helpful in focusing both parents on what is best for the child, and enable them to resolve differences about custody and visitation without a trial. Often the GAL process provides flexibility to enable both parents to become involved in working out a thoughtful plan that will meet their child’s needs. But there are some factors that may weigh against a GAL for some custody cases. While GALs are often helpful, they can be costly. You may be eligible to have the GAL’s costs paid by the Commonwealth if you are indigent as defined by Massachusetts law. If not, you may have to carry some of the costs of a GAL yourself. There is no fixed rate for GALs and total costs for GAL investigations and evaluations vary widely. In general, total charges may range anywhere from $3,000 to $20,000 and beyond for more complicated cases. In addition, the GAL investigation and evaluation process can be long, emotionally draining on you, your children, and other people in your life, and at times intrusive on your privacy. For example, you can be required in some GAL investigations to undergo psychological testing or substance abuse testing, or to share details about your life that you had expected to keep private, which may include giving the GAL access to your medical records. In addition, it has been the experience of many litigants that appointed GALs do not always understand certain issues such as the dynamics of a relationship involving domestic abuse or substance abuse (even though they may hold themselves out as experts in such an area). Because judges often give a GAL report and recommendations substantial weight, it can be harmful having a GAL who disbelieves you, who does not understand critical issues in your case, or who makes problematic recommendations.
The GAL shall send counsel of record and pro se parties copies of any motions and other documents filed by the GAL in court, except for the GAL report. If the GAL sends a substantive written communication to one counsel or a pro se party, the GAL shall send a copy of the communication to the opposing counsel or pro se party.
The standards clarify that a GAL may not be a guardian ad litem and also play another role in your case. (Category F Standard 1.4, Category E Standard 1.4.) This means:
When there is a history of safety issues between you and the opposing party or between either of you and the child, the GAL must
In addition, the GAL may gather information by telephone, email, and or other means.