A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES RESOURCE
GUIDELINES FOR ACCESS TO COMPETENT REPRESENTATION. 46 You should
familiarize yourself with this Act, and the standards it was based upon, and with
the applicable state statutes and court rules addressing appointment of
representatives for children in your jurisdiction.
The Pro Se Litigant
Parties without attorneys are common in child custody proceedings. The number
of pro se litigants has increased tremendously “with some reports indicating that
eighty percent or more of family law cases involve at least one pro se litigant.” 47
Responding to a national survey of judges and court administrators, one judge
noted that proceedings with a pro se litigant “are very difficult to control [and]
tend to take longer and be more emotional.” 48 He added that it was “difficult to
shape the issues without acting as an attorney for either side and risk losing
impartiality.” 49 In addition, another judge concluded that “[t]he potential for
violence rises when lawyers are not present in domestic cases and spousal abuse
cases.” 50
Given the importance of having the evidence necessary to make a determination
in the child’s best interest, as well as assess any potential for violence, you should
appoint counsel for the pro se litigant when child custody is at issue. You should
determine whether your communities’ legal services programs have attorneys
available to represent parties in domestic relations cases or whether law school
clinical programs exist in which students provide legal representation under the
supervision of a licensed attorney. Also, you should communicate with your state
or local bar association to learn more about pro bono programs available in your
jurisdiction. The ABA Center for Pro Bono offers consultation and access to a
clearinghouse of materials on pro bono legal services. The Center’s website
Contact information:
ABA Center for Pro Bono
321 N. Clark Street Chicago,
Illinois 60654
312-988-5759
www.abanet.org/legalservices
/probono/
includes web links for IOLTA program sites,
lawyer referral services, legal aid offices with
web sites, pro bono sites, and other related
entities. 51
In addition to supporting systemic changes
that enhance access to legal representation,
you should explore the implementation of
family court pro se projects that can help pro
se litigants in less complex custody
proceedings (e.g., parties are essentially in agreement as to the parenting plan).
These pro se programs distribute brochures, provide information via the Internet,
encourage party participation in educational clinics, or facilitate access to “selfservice
centers.” 52 Some even employ legal staff to assist indigent individuals.
For parties who insist that they do not want an attorney representing them, you
should caution these individuals that it is not in their interest or their children’s to
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