Representation of the Child in Cases Involving Child Custody or Child Access Issues

Types of Attorneys Who Represent Children

Attorneys can serve three roles on behalf of children in cases with child custody or child access issues:

A Child's Best Interest Attorney, or BIA, is a lawyer appointed by the court for the purpose of protecting a child's best interests, without being bound by the child's directives or objectives. The Child's Best Interest Attorney makes an independent assessment of what is in the child's best interest and advocates for that before the court, even if it requires the disclosure of confidential information.

A Child's Advocate Attorney, formerly called a "child's attorney," is a lawyer appointed by the court to provide independent legal counsel for a child. A Child's Advocate Attorney owes the child the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client. This type of attorney is appointed when the child is need of a voice in court, such as in relocation cases, when there are allegations of child abuse, or where the child is sufficiently mature and sees his/her interests as distinct from the interests of his/her parents.

A Child's Privilege Attorney is a lawyer appointed by the court in a case involving child custody or child access to decide whether to assert or waive, on behalf of a minor child, any privilege that the child if an adult would be entitled to assert or waive. This term replaces the term “Nagle v. Hooks Attorney” (Nagle v. Hooks, 296 Md. 123 (1983)). The court may combine the roles of Child's Privilege Attorney with either of the other two roles.

Download the Order Appointing Counsel for Child (PDF)

The following documents explain the qualifications and responsibilities of court-appointed lawyers who represent children. All applications must be submitted via email to [email protected].

Download The Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access (PDF)

Download Policies and Procedures for the Appointment of Child Counsel (PDF)