Why Your Child Might Need Their Own Attorney In A Divorce

Family disputes can be incredibly challenging, especially for children who often find themselves caught in the middle. In Oregon, the legal system recognizes this and provides a way to protect children’s interests by appointing dedicated attorneys to represent them. This article explains why your child might need their own attorney, how the process works, and why it’s important for their well-being.

Understanding the Legal Framework

In Oregon, the law allows for the appointment of an attorney for a child during family law proceedings. Under ORS 107.425(6), the court can appoint an attorney either on its own or at the request of someone involved in the case. If your child specifically asks for their own attorney, the court must appoint one. This ensures that children have a voice in decisions that affect their lives.

When and Why an Attorney is Appointed

An attorney might be appointed for your child in several situations, such as:

The Child Requests an Attorney: If your child asks for legal representation, especially in cases where there are disputes about parenting plans, the court is required to appoint an attorney.
Clarifying the Child’s Position: An attorney can help ensure that your child’s true wishes and interests are presented without parental influence.
Evaluating Placement Options: When comprehensive custody evaluations are not affordable, an attorney can investigate and present viable placement options.
Facilitating Case Settlement: Attorneys can mediate between the child and parents, helping to reach a settlement that considers the child’s best interests.

At What Age Does My Child Get a Say in Custody Decisions?

In Oregon, there is no specific age at which a child gets to decide who they live with or who has custody. The court considers various factors, including the child’s maturity and the specific circumstances of the case. The role of the child’s attorney is crucial in this context.

Attorney’s Role in Decision-Making: The child’s attorney will evaluate whether to advocate for what the child specifically wants or to present their professional opinion on what is in the child’s best interest. This decision is based on the child’s age, maturity, and the details of the family situation.
Best Interest vs. Child’s Wishes: For younger children or in cases where the child’s wishes might not align with their best interests, the attorney might advocate based on what they believe is best for the child. For older or more mature children, the attorney may more directly represent the child’s expressed desires.
Factors Considered by the Court: The court will look at the child’s relationships with each parent, the child’s adjustment to home, school, and community, and the mental and physical health of all parties involved. The child’s preference can be one of these factors, but it is not the sole determinant.

Benefits of Having an Attorney Appointed for Your Child

Appointing an attorney for your child offers several benefits:

Ensuring the Child’s Voice is Heard: An attorney can help ensure that the child’s opinions and wishes are considered in court, providing a channel for them to express themselves independently of their parents.
Objective Representation: The attorney can offer an unbiased perspective, focusing solely on the child’s best interests without the influence of parental conflicts.
Legal Expertise: An experienced attorney understands the complexities of family law and can navigate the legal system effectively, advocating for outcomes that best serve the child’s needs.
Mediation and Conflict Resolution: Attorneys can help mediate between parents and the child, facilitating communication and potentially leading to more amicable settlements.

Risks and Drawbacks of Having an Attorney Appointed for Your Child

While there are many benefits, there are also some potential drawbacks to consider:

Cost: The appointment of an attorney can add to the overall costs of legal proceedings, which might be a financial burden for some families.
Emotional Stress: The involvement of an attorney might intensify the legal process, potentially adding stress for the child and the parents.
Potential Bias: Although attorneys strive to be impartial, there is a risk that the attorney’s perspective on the child’s best interests might conflict with the child’s expressed wishes or the parents’ views.
Length of Proceedings: Introducing an additional party into the legal process might prolong the proceedings, potentially delaying final resolutions.

Need To Know More? Schedule A Consultation With An Experienced Divorce Attorney Today

Appointing an attorney for your child ensures that their voice is heard and their rights are protected during family law proceedings. This process requires an understanding of the law, a compassionate approach, and a commitment to the child’s best interests. At Romano Law, we are dedicated to advocating for the rights and well-being of children in family law cases. If you have questions about appointing an attorney for your child or need legal assistance, please contact us today.