What is a “Best Interest Attorney”?

Home/Resources/Blog/What is a “Best Interest Attorney”?

young child sitting on a bench

A Best Interest Attorney, also known as a BIA, is an attorney appointed by the Court for the purpose of protecting a child’s best interest. A BIA is not bound by a child’s “directives or objectives.” Maryland Rule 9-205.1 governs the appointment of an attorney for a child. There are also Maryland Guidelines for Practice for Court-Appointed Attorneys Representing Children in Cases Involving Child Custody or Child Access.

When should I consider having a Best Interest Attorney appointed? 

While every case is fact-specific, a Best Interest Attorney is normally appointed in the following situations:

  • Request of a party
  • High level of conflict
  • Inappropriate adult influence or manipulation (alienation)
  • Past or current child abuse or neglect
  • Past or current mental health problems of a child or party
  • Special physical, educational, or mental health needs of a child that require investigation or advocacy
  • Actual or threatened family violence
  • Alcohol or substance abuse
  • Relocation that reduces a child’s time with a parent

Can an attorney be appointed to represent a child for other reasons?

Child Privilege Attorney (CPA): An attorney appointed by the Court to determine whether to assert or waive any privilege that a child might have. A CPA is usually appointed in cases where a child is receiving treatment for a mental health condition. The CPA’s role is to determine whether or not to assert or waive a child’s mental health privilege with his or her therapist, as parents in a custody case are not permitted to assert or waive a privilege on behalf of their child. In many cases, a BIA is also permitted to assert or waive a privilege on behalf of a child.

Child Advocate Attorney: An attorney appointed by the Court to provide an independent attorney for a child. Unlike a BIA who is not bound by what a child wants, a Child Advocate Attorney owes the child the same duties of loyalty, confidentiality and competency that the attorney owes to an adult client. A Child Advocate Attorney may be appointed when a child needs a voice in court, such as in relocation cases, when there are allegations of child abuse, or when the child is sufficiently mature and his or her interests are different from those of his or her parents.

What does a Best Interest Attorney do?

  • Meets with and interviews the child
  • Determines whether or not a child has considered judgment
  • If a BIA’s position is different from the child’s position, informs the Court of the child’s position
  • Investigates the abilities of the parents
  • Visits the child in each home
  • Interviews the parents and witnesses
  • Observes the child’s interactions with each parent
  • Reviews relevant records (educational, medical, mental health, etc.)
  • Interviews teachers, childcare providers, health care professionals, etc.
  • Files court pleadings and motions
  • Participates in pretrial discovery
  • Participates in settlement negotiations
  • Participates at trial – calls witnesses, presents evidence, makes arguments. A BIA does not testify or file a report.

Who pays for the Best Interest Attorney? Generally, each parent is responsible for half of the fees for the court appointed attorney.

 

Meiselman Helfant & Wills – Experienced Court Appointed Child Attorneys.

Contact Us — Meiselman Helfant & Wills, LLC (mhwfamilylawyers.com)

Have Questions? We have answers.

The lawyers at Meiselman Helfant & Wills, LLC, are experienced Maryland divorce and family lawyers.

Frequently Asked Questions

Quote Icon

Testimonials

Thank you for representing me and for all your hard work in getting the judgment RIGHT for my family and me since day one. Because of your thorough work, my children and I have enjoyed a harmonious and peaceful twelve years after the divorce and still going. You cared about us and made sure all conflicts were resolved correctly at the beginning. I cannot thank you enough for your outstanding work. I am one of your most satisfied clients.

Nogah helped me with a very difficult divorce and child custody case. The custody case was made even more difficult by wrongful restraining orders against me by the other party, which were masterfully defended by Nogah, leading to their dismissal. She stays on top of all the issues and is very responsive to emails and phone calls. I totally relied on her advice and experience, even when things looked hopeless. It paid off. The end result was a favorable verdict of child custody for me. I highly recommend Nogah. I was fortunate to have her represent me!

Highly recommend Vince Wills and Morgan Appel. Their knowledge of MD family law and the guidance they provided was invaluable. Vince made sure that i understood the legal process and was comfortable with my decisions. He is well respected among his colleagues and Montgomery County circuit court Judges. Vince is especially strong in advising on cases that are financially involved. I felt that Vince and Morgan definitely put my best interest first and were always quick to respond to my concerns/questions. In addition, the staff and other attorneys of the firm would collaborated on my case, which made me feel even more confident that I had chosen the right representation. Vince and Morgan are an excellent team and I was very pleased with their services.

Divorce is miserable. Vince was someone I could trust, which is invaluable when navigating the confusing terrain of settlement agreements, court dates, and opposing attorneys. I felt confident that Vince made recommendations in my best interests and those of my young daughter. He was willing to fight for me and I had the impression he (a) was well-known and well-respected in the industry and (b) personally cared about the outcome of my divorce. Vince was both professional and caring. He picked up the phone when I called or returned my calls right away. He was responsive to email. His invoices were clear and fair. I do not recommend divorce but, if you are in that boat, Vince is a great person to have on your side. Highly recommended.

Ms. Helfant worked with me to get unpaid child support payments due to me from an earlier period, as well as increased payments due to a large increase in my ex-husband’s income. Ms. Helfant was skillful, kind, reassuring, and responsive. She kept me apprised of the steps in this lengthy, but ultimately successful legal process.

I feel very fortunate to have Neal Meiselman and Nogah Helfant as my lawyers in my divorce case. They both are the best ever! They are both so kind and understanding and really know their laws. They advocated for me till the last minute covering every corner. They were always so well prepared and the PERFECTION of the motions they filed, the timing of the filings, and the laws they sited. They are exceptional attorneys and always very well prepared. I am proud to say they were my lawyers.

Neal Meiselman and Morgan Appel provide first-rate advice and advocacy that can be trusted in the most challenging family law matter. Their knowledge of the law and almost more importantly the way the courts actually work is invaluable. They helped me consider the risks and chart a path forward for me to attain my goals. They are insightful, empathetic, understanding, and never judgmental. I always felt comfortable discussing anything with them — and that is how lawyers should be.

Meiselman Helfant & Wills provides trusted services and support for all family law matters.

Family law matters can seem overwhelming. We’re here to provide you with assistance, advice, and representation you need to help you get the fair outcome you deserve.

We provide trusted legal services in all areas of family law, including domestic abuse, separation agreements, alimony, division of marital assets, divorce, and all areas of child custody, visitation, and support.