Best Interest Attorneys – Giving Children a Voice in Custody Cases

In high-conflict custody cases, often each parent has an attorney to be their advocate and voice.  But shouldn’t children also have an opportunity to be heard?  And if so, how?

What is a Best Interest Attorney?

A “Best Interest Attorney” (sometimes referred to as a ‘guardian ad litem’) is a court-appointed attorney who represents a child or children in their parents’ contested custody cases. The role of a Best Interest Attorney (BIA) is to advocate at trial for the custodial arrangement that the BIA deems to be in the best interest of the child(ren).  The BIA’s position does not always coincide with what either of the parents want, or even necessarily with what the child(ren) desires.

In What Types of Cases Are Best Interest Attorneys Appointed?

Not every custody case involves a Best Interest Attorney. These are typically reserved for cases involving the highest level of inter-parent or parent/child conflict, a history of alleged abuse or neglect, or significant mental health diagnoses, including addiction. In these cases, often parties can agree on nothing other than the fact that their children should have a voice in the proceedings. Alternatively, the Court may find it so difficult to navigate the parents’ opposite realities, that the Court may on its own initiative appoint a BIA to make child-focused recommendations from a neutral position.

What Does the Best Interest Attorney Do Once Appointed?

Once appointed, a Best Interest Attorney typically meets with the child(ren), both parents, and a number of other individuals who have had significant contacts with the family.  The BIA’s job is to discern what is really happening behind the scenes. Best Interest Attorneys have the unique ability, vested in them by Court Order, to communicate openly with the child(ren)’s mental health treatment providers, doctors, and teachers, etc., all without the need for parental releases. Once a Best Interest Attorney forms recommendations in a case, he/she may be able to meet with the parties and assist them in reaching an agreement that is consistent with the BIA’s recommendations.

What Role Does the Best Interest Attorney Play at Trial?

If the case does not settle short of a trial, a Best Interest Attorney appears at trial with the same authority as an attorney representing either parent. The BIA represents the child(ren).  Best Interest Attorneys can make opening and closing arguments, subpoena witnesses, cross-examine witnesses called by the other attorneys, and admit evidence in the case. In rare instances, trial judges may ask to speak to the child(ren) on the record.  In those instances, the BIA is a critical resource to prepare the child(ren) for what to expect. The Best Interest Attorney, regardless of whether the BIA makes recommendations consistent with the child(ren)’s wishes, must state the child(ren)’s position into the record.

Do Bulman Dunie Attorneys Serve as Best Interest Attorneys?

Yes!  Bulman Dunie partner Meg Rosan, Esq., is trained to handle Best Interest Attorney appointments and regularly accepts these appointments from private counsel and from the court. Meg regularly speaks to attorneys at continuing education seminars about the role of a BIA and when and how they might be of value.

Please feel free to contact Meg at mrosan@bulmandunie.com or (301) 656-1177 if you think she can assist your child(ren) in making their voice heard in a high-conflict custody case.