Going through a divorce, especially with children, usually results in the need to get a family lawyer. In getting an attorney for family law, in some cases court appointed attorney is required on the behalf of the children.
Parents or guardians may also prefer that the court pick an attorney for family law and decide on the case. A court-appointed family attorney gives a neutral stance and a much more objective view of the situation, which is why some courts will appoint an attorney.
Identifying a Court Appointed Attorney for Family Law
1. Amicus attorney
The first type of court-appointed family attorney is called the Amicus attorney. This family lawyer focuses on protecting the best interests of the involved child. While they may not necessarily provide legal services, the Amicus attorney seeks the most ideal arrangement for the child, particularly in guardianship.
2. Attorney ad litem
Meanwhile, the Attorney Ad Litem establishes some form of attorney and client relationship for the child. The arrangement enables a more complete and exclusive representation for the child, giving them the necessary legal services the child requires.
3. Guardian ad litem
In some cases, the guardian at law or guardian Ad Litem is the chosen court appointment for a family lawyer. This option typically happens when the child is a minor. The guardian at law acts as a third party in determining the best decision for the child who is not yet at a deciding legal age.
Conditions for a Court Appointed Lawyer
One of the common questions about family legal cases is can you get a court-appointed lawyer for family court or not. Typically, the court will decide on the case and will cover any of the following situations:
Requesting the court to decide guardianship
One of the common reasons for a court appointed attorney is when the parents of the children specifically made a request. At times, both parents may not settle amicably on guardianship. Thus, needing the court to intervene on behalf of the parents and make a decision regarding guardianship.
Another person requests a guardian appointment
Aside from parents, other people who are concerned about the welfare of the children may request the court to appoint a guardian. This is done to keep the interests of the child protected, especially if the parents are no longer able to pursue the case.
The child asks to appoint a guardian
There are also situations when the child requested to have a guardian appointed to them. Most of the time, the child might still be a minor. Thus, requires the court to appoint a family lawyer that can evaluate the case and make a decision on who will be the suitable guardian.
Termination of parental rights
In worse cases, the rights of the parents are effectively removed by the court. The termination can be due to various reasons – either death, criminal offenses, medical incapacity, or other causes that the court determines. Without parental rights, it will best serve the child to have a court appointed family lawyer represent them.
Court Appointed Attorney Options
Once your legal needs match any of the mentioned situations, you can connect with organizations or professionals adept who have extensive knowledge of court appointments. Among the options you have can either be seeking help from community legal aid or a private family lawyer to assist you in your case.
Community legal services
Legal aid is available in the community. Though, this will depend on the state or locality where you reside. Most community legal services, however, are available to the public. They will help you in getting a court-appointed family lawyer onboard for your case.
Seek legal advice
A more viable option would be to seek an attorney for family law that can assist you in your case. These private legal services can help you understand why and how the court will be appointing a lawyer.