Child Custody Article
What is a Court-Appointed Advisor and what is his or her function in a Family Law case?
You have a dispute with your child’s parent. One of you filed a petition or motion with the Court. The Court scheduled a Resolution Management Conference and at the conference, the Court tells you it is appointing a Court Advisor. Why? What happens now?
The Rules of Family Law Procedure provides for the appointment of a Child’s Attorney, Best Interest Attorney, or Court-Appointed Advisor. Each serves a different purpose. A Child’s Attorney or Best Interest Attorney act in a representative capacity – both participate in the case to the same extent as an attorney. On the other hand, a Court-Appointed Advisor is prohibited from taking any action that would only be permitted by a licensed attorney. However, a Court-Appointed Advisor can be especially helpful to the Court, in resolving disputes.
An order appointing a Court-Appointed Advisor must specifically state the reason for appointment, as well as the terms. For example, an Advisor is typically appointed in order to interview each party at their homes, review records – such as medical reports, school reports, emails or text messages, and police reports – speak to other interested parties, and often interview the minor child. The order will also state how the Court-Appointed Advisor will be compensated. Typically, the parties will be ordered to each pay 50% of the Court-Appointed Advisor’s fee, subject to reallocation. Therefore, the Court may order a party to pay a larger portion of the fee based on their unreasonable position, lack of cooperation, or other reason.
The Court-Appointed Advisor must have an opportunity to testify or to submit a report stating their recommendations regarding the best interest of the child and the basis for the recommendations. A Child’s Attorney or Best Interest Attorney are not allowed to testify or submit recommendations to the Court.
In order to qualify as a Court-Appointed Advisor, an individual must have received training or have experience in the type of proceeding in which they are appointed. Specifically, a Court-Appointed Advisor acts as more of a witness rather than a representative. The duties of a Court-Appointed Advisor are generally viewed as a witness or one who provides counsel or input. It is extremely important for you to cooperate with the Court-Appointed Advisor or comply with any requests of the Court-Appointed Advisor. You should treat the Court-Appointed Advisor with deference and respect. The recommendations of the Court-Appointed Advisor will be influenced by your cooperation and your honesty (or lack of) will likely be noted in the Court-Appointed Advisor’s report.
You, or your attorney, may question or cross-examine the Court-Appointed Advisor. However, it is important to remember that the Advisors appointed by the Court, appear before the judges often and are known to the Court. The Court views the Court-Appointed Advisor as an expert witness and relies on their recommendations.
A Court-Appointed Advisor may be especially helpful in a case where there are many factual disputes, an inability for the parties to cooperate, or the minor child is old enough to voice an opinion. Would a Court-Appointed Advisor be useful in your case? Possibly. It is important to consult with an attorney.
Contributing Attorney: Billie Tarascio litigates family law and domestic violence cases at Modern Law.
Comments:
QUESTIONS
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I was wondering if I can file for emergency custody of my granddaughter being her mother has no home or bedroom for her no job and she uses drugs.
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If my son turns 18 in April does the father continue to have full custody?
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About two months ago a friend dropped her three kids off with me and I have not seen or heard from them since I wanted to know if I could or should try to get emergency custody or can her rights be severed? The kids want to stay with me they are 8,4,&3 two boys and a girl not sure what to doffrom here
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My wife told told she was going to vacation for 2 weeks to new mexico just got a text that wants a divorce and want to come with my 2 daughters she saying is staying what can i do
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I am married to an active army soldier who is being deployed to Germany. I do not have primary custody of my daughter but if I did win custody of her would I be able to move my daughter to Germany with us?
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I am currently incarcerated and have joint custody of my adolecent boys. My ex has refused to allow me to see my boys even before my conviction. I have testimony that the boys have said they will not have anything to do with me bacause their mom will get mad. have I lost my parental rights by my incarceration and can I do anything to get visitation time with my children. I am so sad over this.
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My son who is 12yrs old has been living with me for the last 6 months. His mother has not worked in about 4yrs and moved several times and at this time has no place to live or car. She gets 1226. a month from me. She has medical issues and feel she is not stable. She has been admitted to a behavioral hospital a couple times and is currently on probation for her daughters truancy. I want to know whats the best way to get custody of my son. Im afraid if she finds out she will take him from me
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I want to file for full custody of my children. Their father judt up and left nine months ago and have not tried to have contact with them. Now out of the blue he wants to come back and see them. He was emotionally abusive to my son and I. even physically sometimes. So how can I protect my childern?
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I submitted an application to Community Legal Services, yesterday, for Cody Mohr. What is the next step? I attempted to call the Central office today. I was on hold and had only one person ahead of me, then the hour passed and they hung up, as they stated they would. I can try again tomorrow. Should Cody and I go down to their office. Would he be able to find out when he might get to talk to someone about free legal help? Please advise. Cody's daughter is very bright should not have been held back in 1st grade. Peyton told me that she falls asleep at school. Dad-Cody Mohr 6029922914
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what papers do i need for modify costody?
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