In cases involving child custody, a court may appoint an amicus attorney to represent the child’s best interests.
The amicus attorney is neither a party’s attorney nor the child’s attorney; instead, they protect the child’s interests and are akin to the trial court’s attorney.
What is an Amicus Attorney?
An amicus attorney helps the Court decide a child’s best interests.
They gather information through interviews, home visits, and hearings/mediation, without forming an attorney-client bond with the child.
This may involve talking to teachers, doctors, and key individuals.
What Does an Amicus Attorney Do?
Amicus attorneys are Court-appointed representatives in family law cases, safeguarding children’s best interests.
They investigate disputes where parents can’t agree on what’s best for the child.
They aren’t regular attorneys, lack attorney-client relationships, and serve the Court.
Their main duty is case investigation, including interviews with parties and the child, home visits, and gathering relevant data like school and medical records. Costs vary per case and may be borne by parents.
What Does an Amicus do in a Custody Case?
Amicus investigators gather facts for the Court to recommend what’s best for the child.
Their evaluation considers the child’s wishes, parent-child interactions, and optimal relationships.
To prepare for an Amicus attorney, gather pertinent case information through research.
What Does an Amicus Do in a Case with CPS?
In CPS cases, the Court may appoint an amicus to represent the children, often in heated custody disputes.
What Does an Amicus Does in a Non-Child Protective Services Case?
The court can appoint an amicus in non-governmental family law cases to safeguard a child’s best interests, particularly when risks are present. Parents typically cover amicus attorney fees.
What Does an Amicus Do in a Case with the State?
An amicus attorney can be appointed in State cases, often in divorces and child custody disputes where parents have conflicting views on their children’s best interests.
Child custody is complex, especially in suits affecting the parent-child relationship, which are fact-driven and emotionally charged. An amicus attorney, appointed by the court, can help achieve the best outcome in such cases.