Best Interest Attorney in a Divorce in Maryland

In every contested custody case, either party or the court has the option of ordering the appointment of a best interest attorney pursuant to Maryland family law article 1–202. This authority exist in every case where custody, visitation or the amount of support is contested. The best interest attorney serves as the advocate for the child.

Whenever there is a situation where a minor child has the right to assert a privilege however is too young to assert the privilege the court must appoint a guardian to act on the minor child have and make decisions as to what is in the child's best interest. Maryland code annotated Chords and Judicial Proceedings section 9–109 relates to this privilege as it affects the physician-patient relationship.

Historically the best interest attorney is an advocate for the minor child stated preferences and will also aid gathering information. Guidelines have been developed to assist the best interest attorney in representation of the minor child and their responsibilities. Maryland rule 9–205 provides as follows relative to the best interest attorneyRule 9-205.0. Appointment of child's counsel

(a) Applicability. This Rule applies to the appointment of child's counsel in actions involving child custody or child access.

Cross references. -- See Code, Family Law Article, § 1-202 and the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access.

(b) Factors. In determining whether to appoint child's counsel, the court should consider the nature of the potential evidence to be presented, other available methods of obtaining information, including social service investigations and evaluations by mental health professionals, and available resources for payment. Appointment may be most appropriate in cases involving the following factors, allegations, or concerns:

(1) request of one or both parties;

(2) high level of conflict;

(3) inappropriate adult influence or manipulation;

(4) past or current child abuse or neglect;

(5) past or current mental health problems of the child or party;

(6) special physical, educational, or mental health needs of the child that require investigation or advocacy;

(7) actual or threatened family violence;

(8) alcohol or other substance abuse;

(9) consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent;

(10) relocation that substantially reduces the child's time with a parent, sibling, or both; or

(11) any other factor that the court considers relevant.

A court should provide for adequate and effective child's counsel in all cases in which an appointment is warranted, regardless of the economic status of the parties. The court should make the appointment as soon as practicable after it determines that the appointment is warranted. A court should appoint only lawyers who have agreed to serve in child custody and child access cases in the assigned role and have been trained in accordance with Guideline 4 of the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. In making appointments, the court should fairly and equitably distribute cases among all qualified attorneys, taking into account the attorney's availability and caseload. Before asking an attorney to provide representation pro bono publico to a child, the court should consider the number of other similar cases the attorney has recently accepted on a pro bono basis from the court.

(c) Appointment order.

(1) Content. An order appointing child's counsel shall:

(A) specify whether the attorney is to serve as a Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney;

(B) authorize the appointed attorney to have reasonable access to the child and to all otherwise privileged or confidential information about the child, without the necessity of any further order of court or the execution of a release;

(C) permit the attorney to participate in discovery under Title 2 of these Rules as though the child were a party;

(D) provide that the service and notice provisions in Title 1 of these Rules apply as though the child were a party;

(E) state any other duties or responsibilities required by the court;

(F) state when the appointment terminates; and

(G) unless the attorney has agreed to serve pro bono publico, include provisions concerning compensation for the attorney.

Cross references. -- The court should write an appointment order in plain language, understandable to non-lawyers.

(2) Copies to parties and counsel. The court shall send a copy of the order appointing counsel to each attorney of record and to each party, whether or not represented by an attorney.