Child custody may very well be the most sensitive topic in all of family law. After all, you are dealing with children — and I have long said that the child in a divorce case suffers the most. The Court’s job is to ensure every decision made is in the child’s best interest, and sometimes that means calling on the assistance of an amicus attorney.
An amicus attorney does not represent either parent or represent the child. They are an arm of the Court, aiding the judge with information that helps them determine the best decision for that child in that particular case.
This is especially true when parents cannot agree on what is best for their children.
To reach an amicable decision, duties assigned to an amicus attorney may include:
Helping with key information
This could include defining for the Court each litigant’s relationship to the child, what home life is currently like for them and the child, childrearing goals, desires regarding living arrangements, and more.
Interviews
An amicus attorney conducts interviews with the child and any parties directly involved in the case or who could be deemed relevant to the case based on their knowledge of the child and what might be in their best interest. Parties not directly involved in the case could be teachers, doctors, pastors, etc.
Investigations
When necessary, an amicus attorney can seek out and review medical records and anything other documentation regarding the child that might be important to the case.
Attend and participate in court proceedings
An amicus attorney is entitled to attend and participate in any hearings, review pleadings, and take on other duties as needed depending on the circumstances of the case.
Communicate the child’s wishes
It is important to note that a child’s wishes are not a determining factor in a custody case. But in many cases, a child’s wishes can be presented to the Court prior to final rulings.
The bottom line is that child custody is a very complex topic, and great care should be taken in every case. From my experience, suits affecting the parent-child relationship are much more detailed and emotion-filled. It is fact-driven, and in some cases, can lead to the complete termination of a parent-child relationship.
An amicus attorney is court-appointed and can ensure each case reaches the best possible outcome.
Call Nelson Law Group Today!!
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. A divorce is a significant, life-changing event, and the effects of this difficult time will undoubtedly be felt for a while. But if you can see that there is a light at the end of the tunnel for you and your family, perhaps this is the right time to push forward with a new life.
Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
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Source: Nelson Law Group