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Legislation in Maryland is pending to restore judges’ power to appoint best-interest attorneys who will represent children caught in the middle of messy divorce battles between their parents.
The General Assembly will make a decision soon, which will greatly affect the needs of the vulnerable children that are subject to complicated contested divorce cases.
The Maryland judiciary, many bar association groups, and other professional organizations have united in support of the pending measure.
Pamela Cardullo Ortiz, a representative of the Maryland judiciary said last week that the appointment of best-interest attorneys would be one of the greatest tools a trial judge can use to make sure that custody trials protect the rights of children and focus on their real needs. “Give us back this tool,” she said.
A best-interest attorney will mostly serve in high-conflict cases and play the role of the eyes and ears of the court. Their primary function would be to build a relationship with their child clients and reach conclusions as to what is best for the child after interviewing parents, teachers, therapists, and other important people in the child’s life.
If the legislation is approved, best-interest attorneys will advocate for the child and tell the court what they believe to be in the child’s best interest based on their evidence. In addition, best-interest attorneys will give voice to the child’s views so they can be heard.
Montgomery County Circuit Judge Ann Sundt said that if courts lose the authority to assign best-interest attorneys, it would weaken the administration of justice in child custody cases that have been instituted during the last 20 years.
Most of the opposition to the pending measure comes from disgruntled parents who don’t like the actions of best-interest attorneys and judges in their custody trials.
In almost all heated divorce cases, best-interest attorneys support a decision that outrages one or both parents because their loyalty lies in the interests of the children they represent.
Because of this, the legislation would provide best-interest attorneys with limited immunity from malpractice liability to protect them from the retaliation of angry parents. However, under the pending bill, an attorney can still be held liable for negligence or misconduct in a case.
Contact us today to learn more information about best-interest attorneys or to speak with a qualified divorce attorney.