When a Child Gets Their Own Attorney
In some divorce and custody cases, the issues are contentious enough that the court determines a child needs independent legal representation. This statute gives Arizona courts the authority to appoint an attorney specifically for a minor or dependent child. The attorney's role is to represent the child's interests regarding support, custody, and parenting time, independent of either parent's position.
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and parenting time. The court may enter an order for costs, fees and disbursements in favor of the child's attorney. The order may be made against either or both parents.
A.R.S. § 25-321This is distinct from a guardian ad litem, who typically investigates and makes recommendations to the court. The scope of the appointed attorney's role depends on the court's direction and the specific circumstances of the case.
Who Pays for the Child's Attorney
The court has discretion to assign the cost of the child's attorney to either parent or split it between both. This decision typically considers each parent's financial resources. The order for fees and disbursements is entered in favor of the child's attorney, meaning the attorney can enforce it like any other court judgment.
For families navigating a difficult divorce, the appointment of a child's attorney is often a sign that the court wants to ensure the child's needs are being addressed directly. It can also provide valuable input that helps the court reach a decision that serves the child's best interests. This kind of proceeding underscores why having a comprehensive estate plan, including guardianship designations and support provisions, matters for families at every stage.