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An attorney may be appointed for a
child in custody cases for three (3) reasons.
First, a Best Interest Attorney,
formerly called Guardian ad litem, is appointed to protect a
child's best interests, regardless of the child's desires and even if
disclosure of confidential information is required to serve in best
interests.
Second, a Child Advocate
Attorney is appointed to provide independent counsel for a child and
owes the child undivided loyalty, confidentiality and competent
representation. Such attorney is appointed when a child needs a
voice in court, such as relocation cases, when there are allegations of
abuse or when a child is sufficiently mature to have distinct interests.
Third, a Child Privilege
Attorney, formerly called a Nagle v. Hooks Attorney, is
appointed to decide whether to assert or waive the child's privilege of
confidentiality with a psychiatrist, psychologist, and/or social worker.
If the child's privilege is waived, the health care provider may be
allowed to testify and release confidential treatment records.
For more information on this,
please read our article on the Best
Interest Attorney.
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