Guardian Ad Litem: When Does My Child Need a Lawyer?

If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Why would my child need a lawyer?

In some divorce and custody cases, the court appoints a lawyer for the child. This happens when

• the court thinks your child needs a lawyer, or
• you ask for one for your child, and the court agrees.

In some juvenile court cases, such as abuse, neglect, or delinquency, the court always appoints a lawyer for the child (or you can hire one).

Should I ask for a lawyer for my child?

If you and the other parent agree on custody and visitation, your child probably does not need a lawyer.

But you may want to ask for a lawyer for your child if:

• you and the other parent disagree about custody or visitation,
• you are worried about your child’s safety (child abuse, domestic violence, etc.), or
• there is a question about who is the child’s legal father (paternity).

What if I ask the court to give my child a lawyer, but the court does not agree?

You have the right to ask for a lawyer for your child, but the court does not have to appoint one. If this happens in your case, you may

• hire a lawyer for your child, or
• ask Family Services to evaluate your case.

How could Family Services help us?

Family Services are in most courts.  They can meet with you, the other parent, and the child. Then they will recommend to the court what’s best for the child. Their evaluation may be less expensive than hiring a lawyer.

What if I do not agree with Family Services’ recommendations?

You do not have to accept Family Services’ recommendations. You have a right to present your case to the judge and to let the judge decide. There is no guarantee that the judge will agree with you. Even if you do not like the judge’s decision, you must obey it.

Can the court appoint a lawyer for my child even if I don’t want one?

Yes. Even if neither parent asks for a lawyer for the child, the court can appoint one. The court can also have Family Services evaluate your case.

What will my child’s lawyer do?

The court can appoint a lawyer to act as your child’s attorney or guardian ad litem (GAL).

If the child is older, a lawyer may be appointed to be your child’s attorney, and to tell the court

• what your child wants, and
• what is best for your child.
• If the child is very young, a lawyer may be appointed to be your child’s guardian ad litem, and to tell the court what is best for your child.

Whether acting as an attorney or guardian ad litem, your child’s lawyer will tell the court

• what is best for the child,
• how the parents can meet the child’s needs, and
• how best to handle any conflicts.

How will the lawyer know what’s best for my child?

The lawyer will take steps to get to know the child and evaluate the child’s situation. The lawyer may do any of the following:

• Meet with your child to learn about your child’s feelings, wishes, and beliefs. The lawyer may meet with your child once or more often, if needed. The meetings may be at your home and/or the other parent’s home.
• Meet with you, the other parent, teachers, daycare providers, doctors and others who know your child. These meetings help the lawyer to evaluate your child’s situation.
• Review any medical records and reports related to your case.
• Have your child’s physical and mental health evaluated, if necessary.
• Go to the court hearings for your case.
• Stay in touch with your child until your case ends.

Do I have to help the lawyer?

Yes. You must:

• have your child available to meet when the lawyer asks, and
• sign legal forms to let the lawyer see your child’s health, school, or other information.

Will the lawyer help me get what I want for my child?

The lawyer’s job is to tell the court what s/he thinks is best for your child, not what’s best for either parent.

The lawyer is not a social worker, not a temporary parent, and not there to help you or the other parent.

Important! The lawyer is not your lawyer. What you say to your child’s lawyer is notprivate.

Who pays for my child’s lawyer?

You and the other parent must pay for the lawyer. The court will decide how much each parent must pay, based on each parent’s financial situation. If neither of you has the ability to pay, the court may order the state to pay the fees.

There is a sliding fee scale in place for attorneys appointed (as attorney for the child, or GAL) in family cases. The sliding scale information can be found here:http://www.jud.ct.gov/ external/news/press387.pdf

How will the court know my financial situation?

Each parent must fill out and file a Financial Affidavit. The court will use that information to decide who should pay the legal fees. See our booklet A Guide to Financial Affidavits.

How do I ask for a lawyer for my child?

If your case is still open, fill out and file these forms:

Motion for Orders before Judgment, (JD-FM-176), and

Financial Affidavit, (JD-FM-6).

You can get them online (www.jud.ct.gov), in the court clerk’s office, or the Court Service Center.If your case is over and the court has made final orders in your case, you can ask for a lawyer for your child anytime you’re trying to change the final orders (for example, if you want to increase visitation or change custody). See our booklet, How to Change Your Custody or Visitation Order.

What do I do with my completed Motion form?

Make enough copies for everyone in the case (you, the other parent, and any lawyers). Send the other parent and any lawyers in your case a copy of the Motion.

Then, file your Motion with the court clerk.

Will there be a court hearing to decide?

Yes. The clerk will mail you and the other people in the case a “court calendar.” That calendar is your hearing notice, and it tells you the date and time of your court hearing. You MUST call the court and tell them you are ready to go to court on the date and time of your hearing. If you don’t, your case may be dismissed.

Going to Court

Don’t be late! It’s best to arrive about 30 minutes early. You will need time to go through security and find your courtroom.

You need to bring the completed Financial Affidavit with you to your court hearing.  See our booklet, A Guide to Financial Affidavits.

If you have witnesses they must arrive at the same time, too. Witnesses are people, such as the child’s doctor, teacher or someone who was watching how the other parent behaved with the child.

Tips for the Court Hearing
• If you are asked questions, tell the truth. Speak slowly. Give complete answers.
• If you don’t understand the question, say, “I don’t understand the question.”
• Be polite to everyone in the courtroom. Do not interrupt. Do not argue. Do not get upset.
• When other people are talking, wait for them to finish.
• Speak only to the judge unless it is your turn to ask questions

The Court Hearing

When your name is called, say, “Ready.”

Then go stand at one of the tables in the front of the courtroom and follow the judge’s instructions.

You will probably have to swear to tell the truth before you present your case.

When the judge tells you to speak, say that you want a lawyer appointed to represent your child and explain why you think it is important.
The judge will ask you questions. Tell the truth. Speak slowly. Give complete answers.
Have a completed Financial Affidavit with you. The judge needs it to make orders for who will pay the lawyer’s fees for the child. You may also ask the judge to order the state to pay the lawyer’s fees.
You may call witnesses to support what you have said. Both you and the other parent will be able to ask that person questions. Don’t get into an argument with witnesses or the other parent as this will create a bad impression of you.

When will the judge decide my case?

The judge often decides cases at the end of the hearing. If this happens in your case, the judge will announce the orders in the courtroom while you are still there. If the judge grants your Motion, it’s best to set up an appointment between your child and the lawyer as soon as possible.

For some cases, the judge may say, “I’ll take the papers.” That means the judge will decide later, and the clerk will mail you a copy of the judge’s orders. If you do not hear from the court in a few days, call the clerk and ask about your case.

Remember:

• The court may order a lawyer for your child or you may ask for one.
• You can always hire a lawyer.
• What you tell your child’s lawyer is not confidential.
• You must help your child’s lawyer by making your child available for appointments, signing permission forms for medical records, etc.
• Give the court your financial affidavit if you want the state to pay for your child’s lawyer.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.