Representation of Minor Children

In some family law cases, the Court may determine that a child requires their own legal voice. When disputes become intense or involve complex safety concerns, independent counsel can ensure that judicial decisions are informed by a clear, objective understanding of the child’s unique circumstances.

At Turnbull, Nicholson & Sanders, P.A. (TNS Family Law), our attorneys are specifically trained and regularly appointed by the Court to represent minor children such as Best Interest Attorneys (BIA), Child’s Privilege Attorneys (CPA), and Child’s Advocate Attorneys (CAA). We approach these assignments with profound responsibility, balancing legal advocacy with the sensitivity required to protect a child’s emotional well-being. Our attorneys also frequently teach Child Counsel Training to the legal community.

When Do Minor Children Require Representation?

Courts in Maryland may appoint an attorney for a child when the case presents concerns that go beyond a low-conflict custody dispute. Some of the family law situations that may require the representation of minor children include cases involving:

  • Safety Concerns: Allegations of abuse, neglect, or domestic violence
  • Health & Welfare: Substance abuse or significant mental health issues within the household
  • High-Conflict Litigation: Intense parental disputes where the child’s perspective is being lost or manipulated
  • Specific Needs: Children with significant educational, medical, or emotional requirements
  • Third-Party Disputes: Cases involving grandparents or non-parents seeking custody or visitation

What Role Can a Lawyer Take?

Maryland law defines three specific capacities in which an attorney may be appointed for a child:

  • Best Interest Attorney (BIA): This is the most common appointment. A best interest attorney provides an independent assessment of what would serve the child’s best interests. They perform a thorough investigation through interviewing parents, teachers, and therapists and advocate for a result that protects the child, even if it differs from what the child (or the parents) may want.
  • Child’s Advocate Attorney: These attorneys are typically appointed for older or more mature children. In this role, the attorney has a traditional attorney-client relationship with the child, advocating directly for the child’s expressed wishes, much like an attorney would for an adult.
  • Child Privilege Attorney: A child privilege attorney has a more limited role focused on confidentiality. This attorney is appointed to decide whether to waive or assert a child’s “privilege” regarding sensitive records, such as those from a psychiatrist or therapist, ensuring the child’s privacy is protected from unnecessary exposure in court.

Working with children in or out of the courtroom requires a specialized, compassionate touch. Our attorneys strive to gather necessary information while minimizing disruption to the child’s daily life. We believe that a child should never feel like they are “choosing” between parents or being interrogated.

Our goal is to provide the Court with the clarity it needs to make a just decision, while serving as a shield that keeps the child out of the direct line of fire in parental litigation.

Supporting the Child Supports the Family

The representation of minor children can provide clarity in cases where emotions run high and perspectives on what is best for the children differ sharply. By offering compassionate advocacy, child counsel can help bring focus to the issues that matter most, while reducing the likelihood that a child’s experiences are misunderstood or overlooked by the court.

You Can Trust TNS Family Law

At TNS Family Law, we have a skilled team of attorneys who are trained and experienced in the representation of minor children in Maryland.

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