Rule 5:8A.Appointment of Counsel for Child
Last amended September 5, 2000 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:8A
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted November 6, 1989 to be effective January 2, 1990; amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
Where custody or parenting time is at issue, the court may appoint counsel for the child — on the application of either party, of the child, or on its own motion. Counsel must be a New Jersey attorney and serves as the child's lawyer.
The rule states the occasion for appointment plainly: it should happen when the trial court concludes that the child's best interest is not being sufficiently protected by the attorneys for the parties. That is the distinction from a guardian ad litem, who reports to the court on the child's best interests. Counsel represents the child.
Fees are not left hanging. Counsel may apply on an interim basis or at the end of the case with an appropriate affidavit of services, and the rule directs that the court shall award fees and costs, assessing them against either or both parties.
Frequently Asked Questions
Can a child have their own lawyer in a New Jersey custody case?
Yes. In cases where custody or parenting time is an issue, the court may appoint counsel for the child on application of either party, of the child, or on its own motion.
When should counsel for the child be appointed?
When the trial court concludes that the child's best interest is not being sufficiently protected by the attorneys for the parties.
Who pays for the child's lawyer?
The parties. Counsel may apply for fees and costs with an affidavit of services, and the court shall award them, assessing the amount against either or both parties.
How is this different from a guardian ad litem?
Counsel appointed under this rule serves as the child's lawyer. A guardian ad litem appointed under Rule 5:8B renders services to the court on the child's behalf, filing a report on the child's best interests and testifying about it.