Divorce Dex.com: Attorney for the Children

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Definition Attorney for the Children - A court-ordered attorney who represents the stated wishes of the child(ren).

Application in Divorce Unlike the guardian ad litem, who substitutes his or her judgment for the children’s, an attorney for the child(ren) must promote the wishes of the child(ren).

In the case of very young children, however, an attorney for the children must substitute his own judgment when, for example, protecting the children from a predatory parent.

Any child who desires to or who is required to by the court to express his or her wishes should be represented by an attorney.

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Children’s Wishes
Keep in mind that not all states consider the wishes of a child when it comes to awarding custody. If child’s wishes are considered it is only at a certain age and at the discretion of the court. If a child is old enough, but does not appear to be mature enough, his or her wishes will not be considered.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Child Custody (Applicable in All States)
Asking Your Child to Choose
A child should never be put in a position to choose one parent over the other because he or she may not want to make this decision and as well as not realize his or her own best interests. If a child is mature enough and offers to make a choice, then it should at least be considered.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Child Custody (Applicable in All States)

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