A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
In addition to enhancing access to justice, attorneys can be instrumental in getting
parties to settle their cases, hopefully expeditiously, without having to resort to
contentious litigation. To ensure that individuals with low incomes have
independent counsel, you should learn about existing legal services and pro bono
programs in your community that can provide assistance to indigent parties.
Unfortunately, given the high number of individuals in need of free legal
assistance, legal services and pro bono programs seldom can serve all those in
need.
Judges can play an influential role in supporting the expansion of free and lowcost
legal services and pro bono programs in their communities. The National
Council of Juvenile and Family Court Judges has asserted that “[f]amily court
judges must take a leadership role to improve the administration of justice for
children and families within the courts, in their communities, state capitols, and
nationally.” 40 Aspects of permissible judicial advocacy are covered in The Judge as
Leader in Improved Child Representation, authored by Miriam Rollins, Esq., and found
in A JUDGE’S GUIDE TO IMPROVING LEGAL REPRESENTATION FOR CHILDREN.
She addresses the judge’s role as community leader, policy advocate, educator of
the public, and committee participant, as well as the impact of the ABA MODEL
CODE OF JUDICIAL CONDUCT and state-adopted versions of such rules. 41
Appointing Competent Counsel for Children
Children are often the subjects of family law litigation that will affect the rest of
their lives. These lawsuits frequently result in a court or an administrative body
taking action that will significantly impact the child’s status and living
arrangements. Moreover, these children’s interests are often at odds with those of
their parents. Due to the repercussions of these types of proceedings upon
children, no other area of the legal profession has a greater potential impact upon
society. It is therefore imperative that the legal system be equipped to provide
proper safeguards to ensure that the needs of these children are met.
Perhaps the most important of these safeguards is court-appointed legal
representation of children. For this reason, most jurisdictions require the
appointment of a lawyer for every child in an abuse or neglect proceeding, and
authorize the discretionary appointment of lawyers for children in custody
disputes. It is critical that these lawyers, who are entrusted with special
responsibilities that affect the subject children far more than other consumers of
legal services, are clear about their role and duties. 42
The Uniform Representation of Children in Abuse, Neglect and Custody
Proceedings Act was adopted in 2007 by the Uniform Laws Commission (ULC)
(formerly known as the National Commission on Uniform State Laws
(NCCUSL)). 43 This act is based upon the ABA STANDARDS FOR THE
REPRESENTATION OF CHILDREN IN CUSTODY CASES 44 , the ABA STANDARDS FOR
THE REPRESENTATION OF CHILDREN IN ABUSE AND NEGLECT CASES, 45 and the
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