In contested child custody cases the judge may appoint an attorney ad litem to provide legal services to a child (not to represent the best interests of the child).
The attorney ad litem has the same powers and authority as any other attorney in the case, but with some additional considerations since her client is a child. In general, she will: (a) meet and talk with the child and determine the child’s wishes in the lawsuit; (b) provide legal advice to the child; (c) obtain and review medical, school, and other records; (d) investigate the facts and conduct discovery; (e) participate in the litigation as an attorney does; and (f) represent the child’s expressed interest in the litigation.
The attorney ad litem cannot testify or offer a written report as to her determinations. Instead, she must develop her case just as any other attorney does: through gathering evidence, introduction of exhibits, examination of witnesses, etc.
To be eligible for appointment, an attorney must have training in child advocacy or equivalent experience approved by the court.
An attorney ad litem is not free or paid by the county. The parties will be ordered to pay the legal fees of the attorney ad litem. Accordingly, when an attorney ad litem is appointed the cost of the case significantly increases. Fees are usually split 50/50 among the mother and father (or whomever else may be seeking conservatorship), but the court can make any allocation deemed proper, from 0%-100% to 100%-0%.
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