Some situations in life unavoidably require an attorney. It's common to hire an attorney when creating an estate plan or when a divorce in inevitable. However, many people are surprised to learn that there are also instances when a child may need an attorney of their own.
With startling statistics, like the fact that 900,000 students were threatened or injured with a weapon on school property in 2015, or the fact that between 40 and 50 percent of couples get divorced, and children are often involved, it becomes less surprising that even our youngest children may need representation.
What makes a children's rights attorney so special is that they represent each child without the consideration of their parents, ensuring their needs are considered first and foremost.
Does your child need their own attorney? Here are six situations where that might be the case.
Child Custody
Child custody is one of the most common reasons why families hire an attorney because the process is often messy. Each parent may have different expectations or wants for the child custody situation, which can often mean that the needs of the child in question becomes lost in the shuffle.
If the custody battle is getting particularly nasty, it's a good idea for the child or children in question to have their own attorney. Rarely, if ever, is an attorney appointed by a parent. Instead, the courts often appoint an attorney to represent the child.
The lawyer's primary job is to present the wishes of the child to the court, and/or to present evidence in court that demonstrates which parent is the best choice for full custody.
Visitation
Not only can custody be an issue, visitation can be an issue too. The initial custody battle can be messy, resulting in disagreements about visitation, but it can also be the case that determining who should have primary custody is relatively easy. The messy part is determining how much time and when the child should spend time with their other parent.
A children's rights attorney can help establish a visitation schedule that takes the child into account before the needs of each parent. They can help determine if overnight stays are a good idea if they can occur later, even if they aren't allowed right at first, and they can help give the child a voice when parents get into a disagreement, helping them to see their child's point of view.
Adoptions
The steps to adopting a child are many, and they are confusing. Parents have to:
Consider what type of adoption to pursue
Complete an adoption application
Attend classes
Enroll in the home study process
Invite a child into the home
File a petition to adopt
Finalize the adoption
Because the process can be so confusing and overwhelming, especially if you're adopting a child from another country, it can be a good idea to hire an attorney. However, it may also be a good idea for the child in question to have an attorney too.
The child's attorney can help adopting parents understand their legal rights and responsibilities, but they are especially helpful in cases where other family members are attempting to adopt. They can ensure those family members can provide a safe home for the child, and they can also help negotiate visitation with other important adults in the child's life.
Neglect or Abuse
No one wants to learn that their child has suffered at the hands of another. Unfortunately, it does happen, and when it does, it is vital that the child is represented.
It's sometimes the parents who seek the assistance of a children's rights attorney instead of the court or other agency. These situations can include abuse from another family member, as well as other community members, like a teacher or coach.
It could also be the case that a child suffered at the hands of another child. From school fights to threats with a weapon and bullying that results in physical or emotional injury, an attorney can help your child get the justice they deserve.
In cases where the parents are at fault, an attorney will be appointed by the courts. This is especially the case when neglect or abuse is found in the home.
Termination of Parental Rights
Unfortunately, not all parents can provide the warm, loving, and safe environment that all children need to thrive. The problem is, many parents don't quite see how what they are doing is bad for their child. In cases like these, it's essential that the child obtains their own attorney from the court.
An attorney can help uncover and find support for termination of parental rights when it's in the best interest of the child. That includes discovering statutory grounds for parental unfitness that include:
Chronic or severe abuse or neglect
Sexual abuse
Abandonment
Long-term mental illness
Long-term drug or alcohol use
An attorney can also listen to the child to determine who they should live with instead, as well as determine whether or not they could use professional support from a mental health expert or a doctor.
Juvenile Court Proceedings
No one wants to discover that their child is being charged with a crime. Unfortunately, there are quite a few surprising reasons why a child might be charged. From truancy at school to graffiti, you may find yourself in court with your child when you didn't expect it.
An attorney is essential in any case where your child is required to go to court. Instead of representing you, they are charged with understanding the crime from your child's perspective, which will increase their chances of experiencing a positive outcome in their case.
Most people don't really want to hire an attorney, but there are situations in life when it's important. There are situations in life when a child requires the assistance of an attorney too! A children's right attorney's primary job, no matter what the situation, is to ensure the child is as safe, happy, and healthy as possible, which is essential to their development and their future.
