When a lawsuit involves a child, a judge may appoint another attorney to make recommendations or to represent the child (or children). These attorneys are called "Amicus Attorneys" or "Attorneys Ad Litem." This can happen in a divorce case, paternity case, or post-divorce modification and visitation case, and in termination and adoption cases.
Amicus Attorneys are appointed to make recommendations to the court. Ad Litem attorneys seek to actually represent the child.
In general, whenever the custody, visitation, access to, and support of a minor child or children are involved, either an Amicus or an Ad Litem (but not both) may be appointed.
Parents who are involved in these cases are often surprised to hear that a separate attorney will be involved, and don't understand why. They are also surprised to find out that they will usually have to pay all, or part of the attorney's fees. They sometimes feel suspicious or resentful, believing that the Amicus or Ad Litem attorney will be looking for reasons to criticize them or their parenting skills.
These attorneys are not the enemy, and are usually polite, well-spoken, caring individuals. They genuinely look for the best for the child and represent their young clients with energy and enthusiasm. They are specifically trained in what they do, and usually do it because they care about children.
In some situations, one of the parties to the suit may request that the judge appoint one of these attorneys.
Here are some examples of when an Amicus Attorney may be appointed/requested:
- Mom and Dad are divorcing and have 3 children. The divorce is not a friendly one and Mom and Dad cannot agree on joint custody. In addition, each parent is fighting for primary custody and alleges that the other parent does not maintain a good, stable atmosphere for the children. Each parent has an attorney representing him/her. Although they are good lawyers and genuinely care about what happens to their client's children, their obligation is to their clients. The judge in the case appoints an Amicus Attorney to review the case, interview the children and parents, and make recommendations as to the "best interests of the children". The judge orders that the parents split the cost of the attorney's fees.
- Mom and Stepdad file a petition to terminate the rights of Biological Dad to Mom's 6-year-old child so that Stepdad can adopt her. Biological Dad and Mom were never married; he doesn't support the child, and hasn't seen her since she was born. Mom thinks BioDad may have a substance abuse problem. She and Stepdad have been married for 4 years and Stepdad is the only Dad the child has ever known. BioDad isn't sure whether he wants to sign relinquishment papers or not. Judge appoints an Amicus Attorney to speak with all the parties and make a recommendation on whether or not it is in the child's best interest to keep BioDad in her life. The Judge orders Mom and BioDad to split the fees.
- Aunt is raising her Niece. Aunt's Sister (BioMom) gave birth to the Child 13 years ago when she was 17. BioMom is a good person who thinks often of her daughter and visits now and then, but has not been able to provide a stable home or regular support. The Child worries that someday her BioMom will take her away and wants to have the same last name as the other children in the home. Aunt visits an attorney to discuss various legal options on how to handle the situation. She decides to file a suit seeking full legal custody for herself without terminating the BioMom's rights. BioMom agrees. Aunt's attorney files the suit and also requests that the Judge appoint an Ad Litem attorney to represent the Child. The Judge does so. Aunt has agreed that she will pay the attorney's fees.
If you are a party to a case in which one of these attorneys is appointed, you should cooperate with that attorney. Be available to speak or visit, and provide any requested information, plus any information that will help him/her form a recommendation. Remember that the judge will listen carefully to any recommendations made for the best interests of the children.
You can also help by keeping your attitude positive, avoiding making negative remarks about others involved in the case, and letting your child know that s/he should not be afraid to talk with the Amicus or Ad Litem attorney.
