When custody is a disputed issue in your case, the Court has authority to appoint a lawyer to assist the Court in protecting the best interest of the child or children. This lawyer is referred to as an "amicus attorney". This week's blog post will address the role of the amicus attorney in your case.
Will the judge appoint an amicus attorney?
The decision to appoint an amicus attorney is discretionary. If either side files a Motion to Appoint Amicus Attorney, the Judge will consider the arguments of both attorneys in deciding whether the assistance of an amicus attorney is helpful to the Court. Occasionally, the Court, on its own motion (without either side asking for it) decides that an amicus attorney would be useful. The Judge will consider all relevant factors in making this decision (i.e. age of the children, contested issues in the case, likelihood of obtaining all relevant information from each side without the assistance of an amicus attorney).
who pays the amicus attorney's fees?
Generally, the Judge orders each side to pay half of the fees incurred by the amicus attorney, although the Judge will sometimes allocate the costs differently based on the income and financial stability of each party. County resources are typically not used to pay amicus attorney fees in a contested divorce or custody case.
what will the amicus attorney do?
The duty of the amicus attorney is simply to assist the Court in protecting the best interest of the children. The amicus attorney will want to meet with the children to determine their wishes, visit the homes of each party and observe the relationship and interactions between each parent and the children, and talk to other witnesses about the case (i.e. school teachers, CPS caseworkers, family friends, etc.). Once the amicus attorney has completed the investigation, he or she will be ready to appear at trial, question witnesses and make a recommendation to the Court. The opinion and recommendation of the amicus attorney is a huge factor in the outcome of the case, because the amicus attorney is a neutral party without any bias toward either parent, and is generally trusted by the Judge.
If you're involved in a divorce or custody battle, deciding whether to seek the appointment of an amicus attorney is an important strategic decision. The attorneys at Christiansen Law Firm have significant experience in divorce and custody matters, and are well prepared to offer guidance on this important decision. Contact the attorneys at Christiansen Law Firm for additional information about amicus attorneys in your case.