Attorney for Child

During a dissolution of marriage matter or other case involving children, children have a statutory right to have an attorney to represent their rights and interests. There are multiple ways that an attorney can be appointed by the court to represent a minor child and the type of representation (best interest attorney or traditional advocacy attorney) often depend on both the age of the child and the court’s decision relating to the circumstances of the appointment.

The general methods of having an attorney appointed for the child is by motion of the court on the court’s on initiative, a motion by one of the parties, or a child writing a letter to the court, often the judge, stating they would like an attorney. While each method is used at various times, the court must appoint an attorney when the child requests an attorney in writing. However, unless the court appoints an attorney to represent the child through an order, the attorney cannot take any action on behalf of the child as their attorney in the family law matter.

One question that often arises is how the attorney for the child is paid for. When an attorney is appointed, the judge will often make the decision. This item will be dealt with in the order appointing the child. Often the parties are each required to pay a portion of the attorney fees for the child. However, each case is different and the judge appointing the attorney will take each varying circumstance into consideration when making the appointment.

Representing a child or children relating to parenting time and custody in Oregon is a very serious matter. The attorneys at Johnson Law, PC have experience representing children and understand the often confusing role children take in cases relation to the determination of custody and parenting time. If you have questions on whether an attorney for a child in your case is appropriate, the family law attorneys at Johnson Law, PC can assist with evaluating the matter and working toward resolution of the proceeding including concerns involving children of the marriage.