Rule 9-205.1.Appointment of child’s attorney
Last amended July 1, 2016 · Current through June 1, 2026 · Last verified September 8, 2026
Full Text of Rule 9-205.1
Amendment History
Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.
[Adopted May 8, 2007, eff. July 1, 2007. Amended June 6, 2016, eff. July 1, 2016.]
Plain-English Summary
A child in a custody fight is the person most affected and the one least able to be heard. This rule governs when the court gives them a lawyer of their own.
In deciding, the court should consider what evidence is likely to be presented, what other ways there are of getting the information — social service investigations and mental health evaluations among them — and what resources are available to pay. Eleven circumstances point toward an appointment: a request by one or both parties; a high level of conflict; inappropriate adult influence or manipulation; past or current child abuse or neglect; past or current mental health problems of the child or a party; special physical, educational or mental health needs requiring investigation or advocacy; actual or threatened family violence; alcohol or other substance abuse; consideration of terminating or suspending parenting time, or awarding custody or visitation to a non-parent; relocation that substantially reduces the child's time with a parent or sibling; and anything else the court finds relevant.
A comment adds a principle the rule does not otherwise state: the court should provide an adequate and effective attorney for a child in every case where an appointment is warranted, regardless of the parties' economic status, and should make the appointment as soon as practicable.
The order itself has to be specific. It must say which of the three roles the attorney fills — Child's Best Interest Attorney, Child's Advocate Attorney or Child's Privilege Attorney — because those roles differ fundamentally, as the guidelines appendix explains. It must authorise reasonable access to the child and to otherwise privileged information without a further order or a release; permit participation in discovery as though the child were a party; apply the service and notice rules as though the child were a party; state any other duties; say when the appointment ends; and, unless the attorney serves pro bono, address compensation. A cross reference asks that the order be written in plain language, understandable to non-attorneys. The clerk sends a copy to every attorney of record and to every party.
Frequently Asked Questions
When does a Maryland court appoint a lawyer for a child?
The rule lists eleven circumstances pointing toward appointment, including a request by a party, a high level of conflict, abuse or neglect, family violence, substance abuse, and a proposed relocation that would substantially reduce the child's time with a parent or sibling.
Does the family have to pay for the child's attorney?
The order must address compensation unless the attorney has agreed to serve pro bono, and a comment says the court should provide an effective attorney whenever an appointment is warranted regardless of the parties' economic status.
What are the three kinds of child's attorney?
A Child's Best Interest Attorney, a Child's Advocate Attorney, and a Child's Privilege Attorney. The appointment order must specify which, and the appendix to this Chapter sets out what each does.
Can the child's attorney see confidential records?
Yes. The order must authorise reasonable access to the child and to all otherwise privileged or confidential information about the child, without a further order of court or a release.