why would a judge appoint an attorney for my kids

Judges can appoint a lawyer if they think this is necessary to protect the child’s interests. Judges can do this on the request of one of the parents or on their own. Children can decide on their own that they need a lawyer.

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Can a judge appoint a lawyer for a child?

Jul 08, 2020 · Why Did the Court Appoint an Attorney for My Child? If the court has appointed one of these types of attorneys for your child, it could mean several things. It does not mean that you are a bad parent. However, it may mean that you and your co-parent are unable to reach a solid agreement on your own. If that’s the case, then a neutral third party, like a court-appointed …

What does a child’s lawyer do?

Apr 26, 2016 · When a Court Can Appoint a GAL. Courts are required to consider and protect the best interests of the child in any custody or parenting time dispute. If the court believes the interests of the child are not being heard at any time during a case, it has the authority to appoint a GAL to represent the child’s interest.

Can children give their opinions by having a lawyer represent them?

The court will appoint a lawyer for your child if the judge decides your child needs one. Appointing a guardian In cases where you, your child, or someone else asks the court to appoint a guardian for your child, and your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.

Why is it so confusing to get a court-appointed Attorney?

Jan 06, 2020 · Judges can appoint a lawyer if they think this is necessary to protect the child’s interests. Judges can do this on the request of one of the parents or on their own. Children can decide on their own that they need a lawyer. A lawyer will intervene in the parents’ conflict on behalf of the child.

Can a 10 year old decide which parent to live with?

At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.

What is the legal age for a child to decide which parent to live with in New York?

18-Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.

At what age can a child decide which parent they want to live with?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.Sep 10, 2020

Does a child have a say in custody?

This is your choice as a parent; there's no set age that determines when a child is allowed to say where he/she wants to live. However, a child is not legally entitled to choose who to live with until the age of 16.Feb 24, 2020

What is an unfit mother in New York?

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.Jan 1, 2022

Can a father take a child from the mother UK?

If there are genuine concerns about the child's safety and/or wellbeing when the child is with the mother, the father can remove the child from the mother but the father must make an emergency application to the court to get the current arrangements changed prior to removing the child.Dec 17, 2019

What is a looked after child entitled to?

Looked after children are entitled to an advocate who will assist them in conveying their wishes and feelings to professionals.Jun 30, 2021

At what age does a child have a say in family court?

Generally speaking, a child who is 12 years of age/in their early teenage years will have more influence in respect to their wishes and feelings than a much younger child. The majority of child arrangement orders are in place until the child turns 16 years old but they can be extended to 17 and 18 years old.

What is a GAL in Michigan?

A GAL represents the child’s legal interests in all aspects of custody dispute, meaning any communication between the child and GAL is subject to attorney-client confidentiality. Consequently, the GAL is entitled to attend and participate in all proceedings, obtain information relating to the child, and see the child in-person at times identified under Michigan law in order to assess the child’s needs. The GAL also takes the child’s wishes into consideration based on the child’s age and mental maturity, and communicates this information to the court. The most important aspect of a GAL’s duties is submitting reports to the court with recommendations on what is best for the child. The court can use this information when making decisions on child custody and parenting time, but may not admit a GAL’s report into evidence unless the parties in the case agree. The report can, however, be used by the parents’ in settlement negotiations. In addition, the GAL also monitors compliance with court orders related to the child in order to ensure implementation is happening in a timely manner and accomplishes the intended purpose.

Do all divorces go smoothly?

In an ideal world, all divorces would be amicable and children would suffer no ill effects from their parents’ separation. Unfortunately, not all divorces go smoothly, and individuals often have good and valid reasons for feeling negative towards a soon-to-be ex-spouse. When it comes to divorces that involve children and disputes over child custody that become heated and complex, Michigan lawmakers passed a law on public policy grounds that children in these situations should have advocates looking out for their best interests in court. These advocates are called guardians ad litem (GALs) and play an important role highly contested child custody disputes. A mother in Bloomfield Hills, going through a very drawn out and acrimonious custody battle, is asking the GAL assigned to the case be removed based on allegations the GAL ignored a therapist’s report that the current custody arrangement is hurting her three children. The parents divorced in 2011, so this dispute represents an extreme case of the length of time custody issues can take before a final decision is made. GALs have a lot of influence on the court in regards to decisions on child welfare matters, so an overview of a GAL’s role and authority in these cases will appear below.

What is a general petition to change a guardian of minor decree?

When you ask the court to change something about the guardianship like parenting time or visitation, you file a “General Petition to modify or change a guardian of minor decree”.

Do parents have the right to a lawyer?

Parents have the right to a court-appointed lawyer in guardianship cases. If your child is under 18 and involved in a guardianship case, you have the right to a lawyer. If your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.

Why are parents so busy with their own issues?

The parents are so busy with their own issues that they are not aware of what the child wants and needs, or they cannot impartially decide what is best for the child.

Do children need a lawyer?

The child does not need a lawyer. The child’s request for a lawyer is not really coming from the child but from the other parent, who is manipulating the child. The child is very young, and there is a better way to protect the child’s interests.

Can a judge appoint a lawyer?

Judges can appoint a lawyer if they think this is necessary to protect the child’s interests. Judges can do this on the request of one of the parents or on their own. Children can decide on their own that they need a lawyer. A lawyer will intervene in the parents’ conflict on behalf of the child.

Hillary Johns

Yes you do although I'd hire a lawyer to consult with or represent you to determine the best course of action.

Nicholas Basil Spirtos

Yes, you are free to talk with the kids' attorney. He does not have to talk to you however, unless you have some involvement with the case, such as one of the parents.

Ross Carlton Meltzer

Are you a relative or a parent of the child? What type of court proceeding (Juvenile Dependency or Probate)? Technically speaking, if you are not represented by counsel, the attorney can speak with you. However, you may want to consult with an attorney to see if that is the best strategy you should take.

Linda Calderon Garrett

Let me add to the responses of my colleagues. First, if the facts in your case warrant, you can make a request to have the court-appointed counsel discharged of his/her duties--especially since there is no pending litigation.

Laurie Peters

No, your child's attorney is his legal representative in this matter.

Edna Carroll Straus

The court will not let you hire someone you agree with because you disagree with the counsel who's been appointed..

What is a court appointed attorney?

What is a Court-Appointed Attorney? (with pictures) When brought before a judge, a charged individual will be given the option to use a court-appointed attorney to present his or her case to the court. Generally referred to as public defenders, court-appointed attorneys are lawyers who provide legal counsel to those who have been criminally charged ...

What is the right to an attorney?

In the United States, access to a court-appointed attorney is a defendant's right under the 6th Amendment; the Miranda Rights require that police inform suspects when they are criminally charged of their right to an attorney. Court-appointed attorneys are employed by the federal government in most cases, but some work for non-profit entities ...

How to be a guardian of a child?

Your children’s guardian should be: 1 Of similar outlook to you and your partner 2 Knowledgeable of your goals as a family and parent (s) 3 Capable of providing emotional support for your children 4 Stable (family-wise, financially, etc.) 5 Someone that you’re comfortable having around your children. 6 Aware that they are being asked to be appointed as a guardian

Why do I need a guardian?

This could be due to a serious injury or illness. When minor children are involved, they may need a guardian if both of their parents are in capacitated or pass away.

Why do you put your assets in a trust?

Putting your assets in a trust, or last desires into a Will – helps to make sure your financial holdings are passed on to whomever you want them to go. However, if you don’t create a care plan or declare a guardian for your children, the courts may decide who cares for your children if you die.

What does a guardian do?

A guardian is usually charged with providing for all of the child’s necessities. These necessities include providing food, shelter, clothing, and any other items that may be needed.

What is verbal agreement?

A verbal agreement, for instance, is quickly challenged and will not instruct a judge what your wishes are. They may consider it, but without proof, your children will be relying on a judge’s discretion. In this case, a judge does not know you and will only know you through what information you leave behind, if any.

Why do you need to set up a trust?

You may have set up a trust to provide for your children financially in case something happened to you. The trustee is then able to manage their financial affairs in accordance with the trust. However, someone still needs to take custody of the children to manage their daily lives and important life decisions.

What is testamentary guardianship?

A testamentary guardianship is a guardianship listed in a parent’s will. This is another type of informal guardianship. It is not possible to legally leave a child to another relative in a will even when well-intentioned and the whole family agrees. The job of a will is to answer questions about property distribution.