Rule 5.240.Appointment of counsel to represent a child in family law proceedings

Appointing a lawyer for a child is discretionary, and the rule gives the court eight considerations. They read as a portrait of the case that needs one: custody and visitation highly contested or protracted; a child under stress that counsel might relieve; counsel likely to bring the court information it would not otherwise get; allegations of physical, emotional, or sexual abuse or neglect; a parent apparently incapable of providing a stable, safe, secure environment; counsel available who knows the issues; the child’s best interest appearing to require independent representation; and — where there are two or more children — whether any of them would need separate counsel to avoid a conflict.

The request can come from almost anyone with a stake: the court on its own motion, a party or their attorney, the child or any relative of the child, a mediator, a professional making a custody recommendation, a prosecutor authorized to handle child abuse or abduction cases, a guardian ad litem or special advocate, or anyone else the court deems appropriate.

Appointment and termination must both be in writing. The order must state counsel’s name, address and telephone number, the child’s name, and the child’s date of birth. It may go considerably further — the issues to be addressed, the tasks that would benefit from counsel, counsel’s responsibilities and rights, the rate of compensation and how fees are allocated and reimbursed, installment terms, and whether the court reserves jurisdiction to modify the fee order retroactively.

Courts may keep a panel of eligible counsel, and may go outside it in special circumstances — language, culture, or a child’s particular needs around abuse, domestic violence, drug abuse, mental health, medical issues, or education — but must then state the reason in writing or on the record. Once counsel appears, they continue to represent the child until the proceeding concludes, they are relieved or substituted, they are removed for good cause, or the child reaches majority or is emancipated.